Philip Favro
August 4, 2020
The European Union Court of Justice (CJEU) invalidated on July 16, 2020, the EU-US “Privacy Shield,” the formal framework the European Union and the United States negotiated in 2016 for handling cross-border transfers of personal data from the EU to the U.S. Rumors of the Privacy Shield’s demise, which had been predicted for years, were finally borne out when the CJEU held in Data Protection Commissioner v Facebook Ireland (Schrems II) that the Privacy Shield program failed to provide adequate judicial redress to European data subjects in the face of the overly broad nature of U.S. government surveillance programs.
July 20, 2020
Discovery complexities have taken on a whole new meaning during the COVID-19 crisis. It seems that every aspect of eDiscovery is now virtual, eliminating in many instances the human touch that is so often helpful for obtaining crucial evidence from data custodians to support claims or defenses.
June 23, 2020
Courts have required the preservation and production of relevant metadata for electronically stored information (ESI) now for over 15 years. The Federal Rules of Civil Procedure (FRCP) have likewise mandated that parties produce relevant metadata since the 2006 eDiscovery amendments. The Sedona Principles have also provided related guidance during this time, emphasizing that relevant metadata should be produced to ensure ESI can be quickly searched and analyzed.
June 2, 2020
Ephemeral messaging offers organizations great potential for addressing information related challenges in the areas of data protection, privacy, and information governance. When properly implemented through a comprehensive use plan and enterprise-wide controls including training, audits, and policy enforcement, ephemeral messaging provides companies with an effective method for enhancing confidentiality while eliminating data that has no value for the enterprise.