April 28, 2020
Discovery challenges in 2020 seem to be increasing rather than decreasing. Indeed, the proliferation of ephemeral messaging apps and workplace collaboration tools spotlight just a few of the complexities surrounding eDiscovery confronting organizations today. Against this backdrop, it’s a relief to know there are experts in the field of eDiscovery who can help clients navigate these troubles. One of the leading in-house experts on these issues is Amy Sellars. Amy, who serves as the assistant general counsel and director of eDiscovery for Cardinal Health, is a seasoned eDiscovery practitioner who specializes in advising Fortune 500 companies on eDiscovery and related legal issues.
April 9, 2020
Federal Rule of Evidence 502 (“Rule 502”) addresses the evidentiary issues arising from the disclosure of attorney-client privilege or work product information in discovery, inadvertent or otherwise. Litigators are urged to include obtain a Rule 502(d) non-waiver order in all federal court litigation and comparable non-waiver orders in state court matters. As we have previously noted, a simple and properly drafted Rule 502(d) Order can provide producing parties with significant, material protection against privilege waiver in the instant proceeding as well as in any other federal or state proceeding. While more and more litigants have heeded this advice, the recent matter of RTC Industries. v. Fasteners for Retail demonstrates the importance of properly drafting of a Rule 502(d) order, particularly in patent infringement matters wherein one or more parties may be considering relying on an “advice of counsel” defense.
April 3, 2020
Slack is a popular cloud-based team collaboration and messaging platform used by a wide variety of organizations. Similar to other workplace messaging platforms that have grown in popularity, Slack remains largely unknown to many lawyers and judges. Nevertheless, Slack contains business communications, documents, graphics, and other information that may be subject to discovery. A lack of knowledge about Slack can lead to complications with fulfilling preservation, collection, and production discovery obligations.
March 25, 2020
While the rest of the world has been grappling with the COVID-19 pandemic, the California Attorney General published on March 11, 2020, the second set of revisions to its proposed regulations for the California Consumer Privacy Act. As the March regulations bring further clarity (and, some in instances, confusion) to the CCPA landscape, litigation is also beginning to shape the CCPA. Consumer rights lawsuits have been filed in California federal courts that could clarify and test the limitations of the CCPA’s private right of action.