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 Wendy Leibowitz | April 14, 2021
At Legalweek(year), two members of Arnold & Porter Kaye Scholer's data and discovery team made the case for a centralized e-discovery platform, so 'there are no surprises for the lit support team.'
By Wendy Leibowitz | April 14, 2021
"If 857,000 documents have to be stamped and pressed, it's not going to happen quickly," said Greg Jordan, Arnold & Porter's director of eDiscovery. "The project manager can go back to the attorney and say, 'This is not going to happen as quickly as you'd like. And here's what we need in place to make sure it's done correctly.'"
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.
New Jersey Law Journal | Analysis
By New Jersey Law Journal | April 12, 2021
Articles in this special section discuss the importance of negotiating protocols for electronically stored information, as well as agreemeents on technology assisted review. Also: resisting the overuse of protective or confidential orders, coordinating the defense of 'serial litigation,' and an update on the PREP Act.
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.
New Jersey Law Journal | Analysis
By Molly Hurley Kellett | April 7, 2021
A recent decision in the District of New Jersey demonstrates the pitfalls of including requirements for the parties to disclose and agree to the use of technology assisted review (TAR) within the protocol. But it likewise demonstrates the importance of agreement on TAR methodology.
New Jersey Law Journal | Analysis
By Samantha Stillo | April 7, 2021
It is important to resist the overuse of protective or confidential orders, given the fundamental principle that our judicial system is intended to resolve disputes publicly and without a cloak of secrecy. A recent decision demonstrates the tenacity of the New Jersey District Court's response to over-designation.
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