By Philip Favro, Innovative Driven | May 18, 2022
Two particularly noteworthy topics in recent e-discovery litigation include: possession, custody, or control questions involving employee text messages; and the role and form of adverse inference instructions to juries to address ESI spoliation.
5 minute read
By Robert deBrauwere and Nicholas Saady, Pryor Cashman | May 9, 2022
The Republic of the Marshall Islands recently passed legislation enabling decentralized autonomous organizations to register as legal entities, following Wyoming last year. This article explains the legislation and legal principles that apply (or might apply) to DAOs.
7 minute read
By John G. Browning and Jonathan Bailie | April 8, 2022
How significant is the threat of fabricated digital evidence that can alter the outcome of a case? In today's wired workplace, it's considerable.
12 minute read
By Jordan T. Cohen, Robert Kantrowitz and Dylan Mason, Kirkland & Ellis | March 30, 2022
The 21st Century Cures Act, passed by Congress in 2016, directed the Office of the National Coordinator for Health Information Technology to implement a final rule for interoperability requirements and a standardization process for the public to report claims of potential information blocking.
5 minute read
By David Kalat, BRG | March 2, 2022
In a 2016 murder trial, the alleged killer's iPhone took center stage. But as this month's history of cybersecurity explores, it wasn't what the phone held, but how the data was extracted that made this a case to watch for digital forensic examiners.
6 minute read
By Philip Favro, Innovative Driven | February 17, 2022
Judge David Campbell, who led the Federal Civil Rules Advisory Committee that developed the Rule 37(e) amendments enacted in 2015, issued an adverse inference jury instruction against plaintiff after finding she spoliated relevant Facebook Messenger and Telegram messages and other ESI.
7 minute read
By David Horrigan, Relativity | February 8, 2022
An examination of relevant case law and Congressional action reveals that—although courts have embraced the new virtual world—there have been hesitations and hijinks along the way.
8 minute read
By Philip Favro, Innovative Driven | January 27, 2022
Medidata Solutions v. Veeva Systems offers key lessons regarding the need for effective preservation measures in connection with an organization's litigation readiness.
6 minute read
By David Horrigan, Relativity | January 13, 2022
A California state appellate court's January 7 decision in Lozano v. City of Los Angeles may have a somewhat unusual fact pattern, but the case raises interesting issues of data privacy law and how California—a state friendly to data privacy protections—defines "intentional eavesdropping," especially when it comes to digital video systems used by police.
9 minute read
By David J. Oberly, Blank Rome | January 11, 2022
In this second article in a three-part series analyzing key developments in the area of biometric privacy, David J. Oberly looks ahead to 2022—where the Illinois Supreme Court, the FTC and more will play key roles.
8 minute read
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