Expanding the Scope of Data Has the Potential to Slow Down Discovery and Increase Cost, But If New Data Types Contain Uniquely Dispositive Content, It Will Be Necessary to Include Them In Order to Achieve Just Determinations Data types evolve faster than law. New data types are expanding the scope of discoverable data. The variety, velocity and complexity of electronic evidence challenge legal processes and the technology-enabled legal applications that are designed to support them.
- December 01, 2019Cliff Dutton
The documents that a firm produces are its greatest asset, yet firms historically have not made sufficient efforts to safeguard those documents from both internal and external threats. Law firms have typically had an open-door approach to document access. This means that anyone in your firm can likely access any document at any time, leaving your firm's intellectual property entirely unprotected.
November 01, 2019Matthew CalcagnoThe BIPA compliance lag has led companies using or collecting biometric information to consider how far back their liability may extend. The Illinois General Assembly, however, did not include an explicit statute of limitations period in BIPA. As a result, the statute of limitations has become one of BIPA's primary battlegrounds as litigants argue about potential class sizes and damages awards.
November 01, 2019Sean Wieber, Patrick O'Meara and Eric ShinabargerPart Two of a Two-Part Article Part One of this article, last issue, covered how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues. Part Two continues with the rights that CCPA grants to Californians, the CCPA's impact on company privacy policies, how other states' privacy laws compare to the CCPA, exceptions and penalties for violating the Act.
November 01, 2019Alan L. Friel"It's Not the Hardware You Worry About, It's the Mistake That Someone Makes That Inadvertently Gives a Bad Actor Access." The legal industry has poured significant resources into cybersecurity, leading to huge leaps in progress in the last decade. But there are areas where large and small law firms can do much better in preventing and reacting to data breaches, and the legal sector may risk falling behind other industries. That's partly because hackers are learning how to circumvent law firm security systems, leading to a continuous game of cat and mouse.
November 01, 2019Christine Simmons and Xiumei DongGeneral counsel who navigate the mishmash of state privacy laws may relate to a new study showing that individual U.S. states' privacy statutes are spread across a broad spectrum.
November 01, 2019Sue ReisingerA set of steps and best practices that legal teams can follow to ensure thorough and efficient handling of e-discovery in crisis situations.
November 01, 2019Andrew JohnstonSummer 2019 put some interesting case law into the books. We'll take a look at three cases having to do with lost data and whether spoliation sanctions were levied.
November 01, 2019Mike HamiltonFortnite video game developer Epic Games Inc. isn't just dodging digital adversaries — now it's been slammed with a class action lawsuit over a data breach.
October 01, 2019Victoria HudginsPart One of a Two-Part Article Responses to questions businesses frequently ask about the impacts of the CCPA. Implementation challenges inevitably will arise as a company works to apply these new requirements to its business practices. The time is now to start preparing for the CCPA, as well as for other new U.S. privacy laws that are likely to follow.
October 01, 2019Alan L. Friel










