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Synchronizing Legal Hold Requirements With Consumer Requests for Data Deletion
The biggest challenge with any legal hold process is ensuring that potentially relevant data is actually preserved. There are myriad routes you can take to ensure defensible preservation of data, starting with the following three options:
- Preservation by Legal Hold
- Preservation by In-Place Preservation (aka, locking down data in place)
- Preservation by Collection
But with evolving requirements for how data is managed by new data privacy laws like the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR), it's become harder to secure data by simply sending a legal hold and assuming the custodian will do their duty to preserve it.
Data Privacy Laws Pose New Risks to Defensible Preservation Practices
Key features of the CCPA and GDPR grant consumers and employees unprecedented rights — including the right to request to know what data a business holds on them and ask that it be deleted. But what if that data requested under these regulations is already required to be saved under a legal hold?
Obviously, deleting data that is this potentially relevant to anticipated or pending litigation (civil or criminal) can have devastating consequences. Therefore, it's imperative that e-discovery professionals collaborate with their privacy colleagues on processes for harmonizing their organizational legal hold obligations with these conflicting data privacy regulations.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.