Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.