December 18, 2009 | New York Law Journal
En Banc Review in the Second CircuitMichael B. de Leeuw, a partner with Fried, Frank, Harris, Shriver & Jacobson, and Samuel P. Groner, an associate at the firm, write: Much has been written about the Second Circuit's decision to affirm the district court's grant of summary judgment to the City of New Haven in Ricci v. DeStefano. But perhaps somewhat lost in the extensive analysis of the merits of Ricci is a lurking question best presented by a dissent by Chief Judge Dennis Jacobs from the denial of en banc review: Has the Second Circuit's reluctance to rehear cases en banc gone too far?
By Michael B. de Leeuw and Samuel P. Groner
11 minute read
May 21, 2008 | Law.com
European Data Privacy Laws Pose E-Discovery ProblemsClients with operations in the European Union pose a particular problem for electronic discovery because of the strict data privacy laws in most European jurisdictions. These laws create tension between a company's obligations to produce documents for U.S. legal matters and its compliance with European law. Attorneys Michael B. de Leeuw and Philip A. Wellner say U.S. lawyers should become familiar with this evolving area of the law and work closely with their clients to address data privacy issues.
By Michael B. de Leeuw and Philip A. Wellner
15 minute read
May 23, 2008 | Legaltech News
What to Do About Data in the EU?While the collection, review and production of electronic documents is routine in U.S. civil litigation, an increasing number of cases involving companies with operations in the EU pose particular data privacy issues; these must be addressed before a single document gets reviewed or processed.
By Michael B. de Leeuw and Philip A. Wellner
15 minute read
November 16, 2010 | Law.com
Preservation: E-Discovery's Oft-Overlooked Price DriverPreservation needs to be part of any cost-shifting dialogue, say attorneys Michael B. de Leeuw and Eric A. Hirsch. While much of the discussion on e-discovery costs centers on accessing, reviewing, and producing ESI, an oft-overlooked driver of high discovery costs is preserving it.
By Michael B. de Leeuw and Eric A. Hirsch
14 minute read
May 19, 2008 | New York Law Journal
Beware the Digital MinefieldMichael B. de Leeuw, a partner at Fried, Frank, Harris, Shriver & Jacobson, and Philip A. Wellner, an associate at the firm, write that while the collection, review and production of e-mails and other electronic documents have become routine for U.S. companies, at this stage, there is no simple method by which EU documents containing personal data can be collected and transported to the United States for production.
By Michael B. de Leeuw and Philip A. Wellner
14 minute read
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