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Protecting Data Privacy in Litigation and Investigations

Anthony J. Diana, partner at Mayer Brown, and Gabriela P. Baron, senior vice president at Xerox Litigation Services, write: To meet the challenges of data privacy in e-discovery, organizations should recognize the applicable privacy laws, implement business practices to govern their information, and apply technological solutions to safeguard their private data.

Transparency in Predictive Coding: How Much Is Too Much?

Jason Lichter, the director of discovery services and litigation support at Pepper Hamilton, writes: While empirical support is lacking, the surprisingly small number of published decisions and orders addressing predictive coding implies that there may be a silent majority of practitioners employing some variant of TAR alongside other analytical tools without divulging every detail of their culling and review strategy.

‘Wurtz’ May Influence U.S. Cross-Border E-Discovery Law

Patrick Burke and Erica Strauss of Reed Smith write: U.S. courts increasingly are being tasked with choice-of-law and cross-border e-discovery issues that arise when documents are sought in discovery from countries with very different legal systems. ‘Wultz v. Bank of China Limited’ is one such case that may well chart the course of U.S. cross-border e-discovery law going forward.

Managing the Five Stages of E-Discovery Grief

H. Christopher Boehning and Ross M. Gotler of Paul, Weiss, Rifkind, Wharton & Garrison consider the Five Stages of Grief in the context of e-discovery and offer strategies for how companies can manage each of these Five Stages of E-Discovery Grief.