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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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Managing a Cyber Crisis: 7 Practical Tips to Recover with Strength
By Kim Peretti and Kate Hanniford
As companies confront the ever-evolving cyber threat landscape, here are seven practical tips for incident response in 2021.
A Balancing Act: Mitigating Data Privacy Risks in Cross-Border Discovery
By Ryan Costello
The intersection of foreign laws governing data collection and cross-border discovery operations continues to be a potentially volatile conjunction.
By Tony Donofrio
Now that depositions and other legal proceedings are now virtual, remote exercises in most cases. It doesn’t mean, however, that the rules have relaxed. If anything, it’s more important than ever to follow best practices and pay attention to security.
Winter 2021 Privacy Alert Roundup
By Rebecca Perry
In this Privacy Alert Roundup, we’ll take a look at Virginia’s new proposed data protection law, a new proposed federal banking rule regarding cybersecurity incidents, and how lackadaisical vendor risk management can come back to bite you in court.
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