August 30, 2018
One of the most compelling eDiscovery issues facing litigants and lawyers is the prospect of sanctions for failures to preserve relevant ESI. Under Federal Rule of Civil Procedure 37(e), sanctions may not issue unless the moving party can show that the preserving party lost relevant ESI after a duty to preserve attached. The movant must also demonstrate that the preserving party neglected to take “reasonable steps” to keep the ESI and that it “cannot be restored or replaced through additional discovery.”
August 28, 2018
One of the most surprising things about the GDPR is its failure to specifically define who is a “data subject.” Despite the centrality of this concept to the GDPR, the only meaningful definition of data subjecti is embedded in the broader delineation of Personal Data in Article 4. '[P]ersonal data’ means any information relating to an identified or identifiable natural person (‘data subject’)
August 23, 2018
Social media is used by billions of people for personal and professional purposes. Our pocket-sized cell phones provide a gateway for instant connection and gratification through social media, at any time and in any place. Individuals use social media to share their achievements, family vacation photos, political views, and favorite videos. Organizations leverage social media to reach prospective consumers. Nefarious actors have even exploited social media to spread misinformation and sow distrust, with global implications.
August 21, 2018
The GDPR only applies to Personal Data, which is defined in Article 4: ‘[P]ersonal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
August 16, 2018
There are important differences between searching for documents using technology-assisted review (TAR) and keywords. According to a U.S. Magistrate Judge based in Chicago, math should not be one of them.