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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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Slut-Shamed In the Workplace? Avoiding Exposure for Your Employees’ Exposure
By John G. Browning
Situations involving an employee’s voluntary online exposure rarely end well and can bring legal exposure for the employer.
How to Address Evolving Privacy Regulations During Discovery
By Gina Taranto
One Recipe for Success: Treat Private Data With the Same Priority Given to Privilege
But for all the coverage that privacy regulations are meant to provide, there is precious little guidance about how to protect private information, and there is very little legal precedent to guide our practices.
Artificial Intelligence and Subject Matter Eligibility In U.S. Patent Office Appeals
By James W. Soong
For the foreseeable future, patent applications involving artificial intelligence technologies, including machine learning, will increase with the continued proliferation of such technologies. However, subject matter eligibility can be a significant challenge in securing patents on artificial intelligence and machine learning.
How to Cut IT Costs with Leasing
By Scott McFetters
While analysts predict firms will still see savings from expense cuts in 2021, these savings won't be as dramatic as in 2020 and, moreover, recommend that firms should use profit gains in 2020 and 2021 to invest in long-term strategies for growth — like technology.
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