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When requesting and preserving data, it can be difficult to know the proper legal balance between “too much,” and “too little.” Given all the types of data available to litigators, including social media (forget Facebook — how’s your Snapchat account looking lately?), many might simply request as much data as they possibly can … and potentially have their motion rejected. While this “Goldilocks zone” for requesting and maintaining case-related data can be somewhat difficult to find, as the defendants in the following three cases from earlier this year discovered, the best advice can be drilled down to three main concepts: Make sure it’s specific/relevant to the case, proportional to the amount available, and be sure to preserve your data once litigation becomes reasonably foreseeable.
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New Jersey’s Latest Effort on the Privacy Front
By Kenneth K. Dort and Mitchell S. Noordyke
New Jersey legislators are joining a growing line of states in proposing a bill to strengthen data privacy protections, following in the footsteps of privacy laws enacted in Europe and California.
A CCPA Private Right of Action on the Horizon
By David Keating, Jim Harvey and Dan Felz
Class Action Complaints Test Whether Plaintiffs Can Sue for Any Violation of the CCPA
This article provides an overview of how the CCPA addresses private rights of action, summarizes recent class action complaints that attempt to use CCPA violations as the basis for class-wide claims, and provides suggestions for prioritizing activity in CCPA compliance programs in this new litigation environment.
Privacy and Compliance Services: Why the Market Is Rumbling Against the Big Four
By Leigh Vickery
With the advent of stringent privacy regulations in Europe and the United States, corporations are spending more time and money scrambling to ensure their privacy and compliance processes are able to withstand these high levels of scrutiny. At the same time, competition to provide these services is heating up as the Big Four professional services firms plant their stakes more broadly in this fertile ground.
Privacy Is Top Priority But Spending Will Decrease, Survey Says
By Frank Ready
Exterro’s Annual Study of Legal Spend Management indicates that organizations are expecting to spend less on compliance with privacy laws in 2020 as they wait to see how new regulations like the CCPA are enforced first.
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