New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | April 15, 2021
In this edition of their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss a recent decision that put litigants on notice that their duty to cure inadvertent disclosure may require promptly moving for a protective order even where, upon learning of the inadvertent production, they repeatedly demanded that opposing counsel return the privileged the documents and cease any use thereof.
The Legal Intelligencer | Commentary
By Leonard Deutchman | April 15, 2021
In Part 1 of this column, I discussed privacy, focusing on what in the circumstances discussed renders the IT data private and whether the criteria relied upon when courts and others in the discussion determine that the data is or is not private.
By Anand C. Mathew | April 14, 2021
Are virtual depositions better than the old way of doing things? If given the choice, should you choose a virtual deposition over a physical one?
By Victoria Hudgins | April 13, 2021
Though case law on data transfers is fairly consistent, evolving data privacy regulations, including those impacted by Schrems II, may introduce additional complications, according to a Legalweek(year) panel.
The Legal Intelligencer | News
By P.J. D'Annunzio | April 9, 2021
Claims that law firm Barley Snyder destroyed medical records in its representation of a manufacturer in a toxic tort lawsuit were rightly dismissed, the Pennsylvania Superior Court has ruled.
By Victoria Hudgins | April 9, 2021
While battles for plaintiff's social media electronically stored information (ESI) are fast becoming the norm, it's an open question whether they'll have an impact beyond straining current e-discovery capabilities.
By Jacqueline Thomsen | April 7, 2021
Paxton is playing a national role in suing the Biden administration, even as he faces a lawsuit from whistleblowers who alleged corruption within the Texas Attorney General's Office.
By Dara Kam | April 7, 2021
First District Court of Appeal Judge Lori Rowe wrote that no conflict exists between Marsy's Law and a decades-old government-in-the-sunshine amendment that enshrined in the Florida Constitution some of the nation's broadest public-records laws.
By David Kalat, BRG | April 6, 2021
E-discovery may be common in today's legal world, but that certainly wasn't always the case. This month's history of cybersecurity looks back to how discovery technology was developed, and what it has to do with the Iran-Contra affair.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | April 5, 2021
As text and app messaging and online communication platforms such as Slack continue to supplement—and supplant—email communications in the workplace, parties and courts need to consider these technologies' impact on document preservation and production obligations. A recent decision provides clues on how courts may treat such electronically stored information. Christopher Boehning and Daniel J. Toal discuss the case in this edition of their Federal E-Discovery column.
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