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Privacy: What You Should Know About New Laws and Their Impact on E-Discovery in U.S. Litigation

The increased focus on protecting personal privacy may pose a new challenge to the bounds of e-discovery in U.S. litigation as courts reconcile whether and how new data protection laws apply to a litigant’s obligation to produce relevant information.

Competent Counsel? New Technologies Change the Paradigm

It is well past time for lawyers to put aside the notion that legal prowess is sufficient. Forward-thinking counsel must constantly inquire about the impact and efficacy of increasingly powerful technologies and align with those who have requisite expertise—be it in security or statistics or computer science or data science or some other aspect.

Bracing for the Big One: The Impact of the California Consumer Privacy Act on E-Discovery

The California Consumer Privacy Act of 2018, which comes into force on Jan. 1, 2020, enshrines the “right of Californians to know what personal information is being collected about them,” and “to access their personal information” after it is collected. The plaintiffs’ bar may attempt to use the access provisions of CCPA as a tool in their discovery arsenal. Litigators and compliance attorneys must work together against the rush to exploit the CCPA for liability purposes.

Sedona Provides Updated, Practical Guidance for Legal Holds

This article highlights the key provisions of the guidelines set forth by the Sedona Conference Commentary on Legal Holds, emphasizing how parties can put each to practical use to create an effective and defensible preservation program.

The Hague Evidence Convention’s Rarely-Used Private Commissioner Provision May Be a Viable Option for Cross-Border Discovery

The 'Salt River' case illustrates that with timely, effective advocacy, cross-border discovery under the Hague Evidence Convention may be accommodated within an expedited discovery schedule, a major obstacle cited by courts in the past.