September 6, 2018
The summer of 2018 has been a boon for eDiscovery case law, with several courts spotlighting any number of best practices for addressing discovery issues. One such best practice is the role effective custodian interviews play in establishing a defensible preservation strategy. Fulsome custodian interviews are essential for ensuring that relevant electronically stored information (ESI) is preserved. Such interviews are characterized by exhaustive questioning on any number of topics including traditional and newer sources of ESI.
September 4, 2018
Driven Inc. is pleased to announce the addition of industry veteran Eric P. Mandel to its consulting services practice that also includes Tara Emory, Phil Favro, and Jonathan Swerdloff. Eric is an experienced attorney, business leader, and technologist with in-depth, hands-on experience working on scores of complex US and international litigation matters and advisory engagements.
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.