Jonathan Swerdloff

July 11, 2017

Reconsidering Custodial Self-collection: Rule 902 updates coming soon

Changes to the Federal Rules of Evidence (“FRE”) coming in December of this year should lead you to reconsider how you collect data. Litigants must balance the costs, time, and hassles of self-collection on the one hand against those of using a third party, often on a case-by-case basis. Setting aside the likelihood that
January 17, 2017

Amazon’s Alexa and Apple’s Siri: the New Star Witnesses in Discovery?

There are parts of our lives we assume are completely private, hidden from the world. We believe there is no record of these things, or that whatever exists could not be accessed by others. But how much of our lives is
July 14, 2016

Update: Article 31 Committee Deems Privacy Shield Adequate, “New Safe Harbor” Takes Effect August 1.

Transferring Personally Identifiable Information (“PII”) data between the EU and the US is about to get easier. As expected, the “Privacy Shield” was deemed adequate by the Article 31 committee on July 12, despite concerns of the Article 29 working party.
July 6, 2016

Update Imminent: The New US/EU Data Privacy Shield After the Demise of Safe Harbor

Data transfers between the United States and the European Union have grown increasingly complex. Multinational companies require certain levels of information sharing among locations in different locations as part of their day-to-day operations. In addition, data created on one side of the Atlantic may be relevant to a lawsuit or investigation on the other side.
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