October 4, 2019

Introducing the CPREA: California Privacy Rights and Enforcement Act of 2020

CCPA may have been just the beginning of California’s privacy framework. On September 25, 2019, Californians for Consumer Privacy, the group behind the California ballot initiative that resulted in California Consumer Privacy Act (CCPA), filed a new initiative intended for California’s November 2020 general election ballot, which they have labeled as the “California Privacy Rights and Enforcement Act” or CPREA. This time the group is expanding its efforts to implement additional privacy and data protection standards for California citizens, including minors, to create a formal governmental privacy enforcement agency, and to address the use of personal information in political campaigns.
September 18, 2019
FRCP 37(e) Reasonable Steps

New Cases Spotlight the Importance of Litigation Readiness in Avoiding FRCP 37(e) Sanctions

Litigation readiness is an essential step for parties who wish to be prepared for the electronic discovery process. While significant for the production phase of discovery, litigation readiness has proven indispensable for helping clients preserve relevant electronically stored information (ESI). This is particularly the case under Federal Rule of Civil Procedure 37(e), which generally safeguards parties from sanctions who have implemented and followed litigation readiness measures.
July 11, 2019
Production Pitfalls in eDiscovery with Slack

New Cases Spotlight Production Pitfalls in eDiscovery with Slack

Slack is a popular cloud-based team collaboration and messaging platform used by a wide variety of organizations. Similar to other messaging platforms that have grown in popularity, Slack is unknown to many counsel and courts. Nevertheless, content from Slack is increasingly being sought by parties in discovery. A lack of knowledge about Slack or similar technology can lead to complications with preservation, collection, and production. This is apparent from two recent court cases that addressed failures to produce relevant messages from Slack.
June 20, 2019
Challenges Of Cross-Border Data Protection Laws

Recent Cases Spotlight the Challenges of Cross-Border Data Protection Laws in eDiscovery

Cross-border data protection laws are increasingly affecting domestic U.S. discovery proceedings. Globalization has placed discoverable information beyond the boundaries of the U.S. and has often forced litigants to satisfy those laws in order to produce or obtain such information. To meet the challenges of foreign data protection laws, organizations will need to be prepared. As spotlighted in a recent article published by LegalTech News, this includes more effective information governance programs and litigation readiness measures, along with better advocacy on the issues in court.
June 17, 2019
Retention Ephemeral Messages

Retention of Ephemeral Messages

An oft-heard argument is that one form of a recorded communication channel (e.g., Instant Messaging) is more akin to an unrecorded telephone call than another (e.g., email), and the former should thus not be subject to any regulatory or legal retention obligation.  Similarly, some have questioned whether a recorded communication needs to be retained for regulatory purposes or preserved for legal hold if the same communication could have just as easily been made over the phone or in person and had never been recorded.
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