November 4, 2020

California Voters Approve the CPRA

While most of America, and the world, have been focused on the U.S. Presidential election, voters in California have quietly approved the most sweeping privacy and data protection law in the United States. The California Privacy Rights Act (“CPRA” or the “Act”) will be replacing the California Consumer Privacy Act (“CCPA”) that just came into effect earlier this year.
October 28, 2020

Terminating Sanctions Order Emphasizes the Need for Safeguards to Ensure Disposition Programs are Defensible

Organizations have begun to realize the value of implementing defensible disposition programs to eliminate data that has low value. When properly handled, disposition programs can reduce the costs and risks associated with retaining data stockpiles. However, disposition initiatives that lack safeguards to ensure relevant information is preserved for litigation could leave an organization vulnerable to disaster. The recent terminating sanctions order from Estate of Moreno v. Correctional Healthcare Companies spotlights this point, along with key steps companies should consider to ensure disposition initiatives are truly defensible.
September 21, 2020
New TAR cases affirms sedona principle six

New TAR Case Affirms Sedona Principle Six, Approves Search Term Pre-Culling

A new technology-assisted review (TAR) case—Livingston v. City of Chicago—provides instructive guidance on any number of key issues surrounding the use of TAR. From affirming the notion of Sedona Principle Six and approving the use of search terms to pre-cull a data set to emphasizing the importance of not holding TAR to a higher standard than other search and review methods, Livingston provides additional clarity on issues sometimes clouded by conflicting TAR case law.
September 14, 2020

EY Announces Ozzy Jiménez of Driven, Inc. as an Entrepreneur Of The Year® 2020 Mid-Atlantic Award Finalist

Driven, Inc. today announced it has become a member of the elite Brainspace Global Partner Program as part of their international services expansion strategy. Membership in Brainspace’s Global Partner Program enables Driven, Inc. to expand customer use cases and strengthen corporate relationships
August 20, 2020

New eDiscovery Case Law Developments in 2020: Native Excel Production without Relevance Redactions, FRCP 37(e) Order Rejecting Inherent Authority, and Denial of Proposed Blanket Production 502(d) Order

With so many lawyers focused on COVID-19, it would be easy to overlook the significant case law developments on electronic discovery that have transpired so far in 2020. Courts have issued any number of instructive orders on eDiscovery issues ranging from metadata production and technology-assisted review to cost shifting and sanctions. Three particularly compelling topics addressed by recent cases include: (1) native productions of Excel spreadsheets without relevance redactions; (2) an ESI sanctions order that rejects judicial reliance on inherent authority in favor of Federal Rule of Civil Procedure (FRCP) 37(e); and (3) the impropriety of Federal Rule of Evidence (FRE) 502(d) non-waiver orders that result in the compelled production of privileged information.
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