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Judges across the country are not in alignment on whether spoliation sanctions can be warranted under the court’s inherent authority — and outside the scope of FRCP 37(e). Regular readers of our quarterly Case Law Review might recall that the court’s use of Inherent Authority was a topic of our Summer review in the September issue; where does FRCP 37(e), which governs negative inference sanctions for lost ESI, come in to play? And is lost electronically stored information (ESI) truly lost if it’s available outside of a physical hard-drive?
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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.