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28 U.S. Code Section 1782(A) provides that an individual or entity that resides or is found in a jurisdiction may be ordered to produce documents or give testimony for disputes before foreign or international tribunals, so long as that person or entity is in possession or control of relevant evidence. U.S. courts are split on what is required to show “control” of documents, but generally apply either the “legal right standard” or the “practical ability standard.” Under the legal right standard, a party is deemed to have control over documents possessed by others only if the party has the legal right to obtain them. The practical ability standard is broader, expanding the definition of control to include instances where a party has the practical ability to obtain the documents sought, regardless of that party’s legal right to the documents.
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By Nina Cunningham
Industry developments this year add concern over connected devices and information tracking. New Smartphones include an app for COVID exposures, which can lead to privacy issues.
By Gina Taranto
An overview of past technology-assisted review versions and a look at what‘s next.
By Dean Gonsowski
The demand for everything “cloud” has been driven by the massive, and dramatic, shift to a remote-first workforce caused by the COVID-19 pandemic.
By Edward T. Kang
While data breaches have become too common, case law and statutory law governing redress for data breaches is limited. This article explores standing and potential causes of action in data breach suits.