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.
June 11, 2019
Discovery Ephemeral Messages

Discovery of Ephemeral Messaging

With ephemeral messaging moving from fad to trend, it is important for lawyers to consider several questions, such as whether their clients, if under legal hold, can still use ephemeral messaging and if so, under what circumstances?
June 6, 2019
What Is Ephemeral Messaging

“Ephemeral” What? Defining Ephemeral Data and Messaging

With consumers and organizations adopting “ephemeral” messaging apps with increasing frequency, there is a need to consider the implications of this technology to a company’s retention and discovery obligations. But first, it is necessary to define what exactly we mean by “ephemeral” when it comes to data in general, and messaging apps in particular.
May 21, 2019

WeChat: A New Frontier in ESI Preservation and Production

WeChat is an increasingly widespread communication platform whose content is being sought with growing frequency by parties to U.S. litigation. Despite its growing ubiquity, many lawyers either know nothing about WeChat or are not advising clients to preserve and produce relevant WeChat communications in discovery. Failing to do so can be damaging or even disastrous to a party’s claims or defenses. This is evident from the number of recent court cases addressing discovery of relevant WeChat messages and imposing sanctions for preservation or production failures.