March 16, 2020
The Defend Trade Secrets Act of 2016 (“DTSA”) involves unique electronic discovery issues that affect parties on both sides of DTSA matters. The eDiscovery issues arise from the DTSA’s ex parte seizure provision, a powerful remedy previously unavailable to plaintiffs in their efforts to address trade secret misappropriation. This post provides a brief overview of DTSA seizure orders and also highlights key eDiscovery considerations—including the roles of technical experts and special masters—in connection with those orders.
February 13, 2020
The California Attorney General published on February 7, 2020 (and subsequently updated on February 10, 2020) revisions to its proposed regulations for the California Consumer Privacy Act (“CCPA”). While the modifications to the proposed regulations (hereinafter “revised regulations”) could be perceived as an added layer of complexity, a careful review of the redline changes issued by the Office of the Attorney General reveals both clarifications and limitations that should facilitate compliance with the CCPA.
January 7, 2020
With the New Year upon us, it is worth looking back at some of the key eDiscovery cases from 2019 and examining the lessons they offer going forward in 2020.
January 3, 2020
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.
November 18, 2019
Information governance (IG) is a key corporate strategy than can help companies realize the value and minimize risk from the data they generate and receive. This is evident from the guidance on antitrust compliance programs the U.S. Department of Justice (DOJ) recently promulgated. Companies with an IG program including information retention policies and education on inappropriate document destruction stand a much greater chance of obtaining relief from antitrust violations than enterprises lacking IG measures.