Searching Content indexed under Disclosure & Electronic Discovery & Privilege by Fenwick & West LLP ordered by Published Date Descending.
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Technology Assisted Review (TAR) / Predictive Coding — New Decision
Thanks to Hon. (Ret.) Andrew J. Peck, now Senior Counsel at DLA Piper, I just learned of a hot-off-the-presses (yesterday) Technology Assisted Review decision by the Utah federal district court.
United States
28 Jun 2018
EU GDPR eDiscovery — Top Ten Tips For Litigators
10. The European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. It applies to the processing of "personal data" of EU citizens and residents (a/k/a "data subjects").
European Union
25 Jun 2018
California Supreme Court Opens Discovery For Plaintiffs In Labor Code PAGA Actions
The California Supreme Court, in Williams v. Marshalls of California, expanded the scope of information plaintiffs can obtain from employers in Labor Code Private Attorneys General Act actions.
United States
23 Aug 2017
Pennsylvania Court Holds Google Must Produce Emails Stored Overseas
Last week, in In re Search Warrants Nos. 16-960-M-01and 16-1061-M to Google, a federal magistrate judge in the Eastern District of Pennsylvania ordered Google to comply with three search warrants....
United States
16 Feb 2017
Catch Up With Discovery Practice Under Amended FRCP
In December, proposed amendments to the Federal Rules of Civil Procedure took effect. These amendments introduce measures aimed at making discovery practice more efficient and effective.
United States
9 Mar 2016
The Top Seven Takeaways From The December, 2015 Federal Rules Amendments
Can rule changes streamline litigation to make discovery proportional to the case, improve case management, cut down foot-dragging in response to document requests, eliminate "over-preservation" of records and expedite deadlines?
United States
24 Jan 2016
ESI & eDiscovery FRCP Changes @ 12/1/15 — While You Were Leftover-Eating
Now that you've likely had your fill of turkey sandwiches, turkey salad, turkey soup and the like, there is a new development on which to focus.
United States
2 Dec 2015
28 U.S.C. § 1782: A Powerful Tool In Global Disputes
As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings.
United States
1 Oct 2015
Records-Retention Services: Clean That ESI Garage! (Video Content)
Electronic Information Management Chair Bob Brownstone provides an overview of Fenwick's EIM services.
United States
11 Jul 2014
Supreme Court Defends Expectation Of Privacy In Cell Phone Data
The Supreme Court limited the ability of law enforcement to search cell phones while making arrests, requiring police to obtain a search warrant.
United States
1 Jul 2014
Employer Allowed To Assert Counterclaims Based On Breach Of Confidentiality Agreement In Class Action Wage Lawsuit
In Benedict v. Hewlett-Packard Co., a California federal district court permitted HP to bring counterclaims against the lead plaintiff in a wage and hour class action.
United States
20 Feb 2014
eDiscovery’s eVolution Akin To Disney’s Fantasia
Three segments of the 1940 Walt Disney classic Fantasia correspond with the three historical phases business information and civil litigation discovery have undergone in the past three-quarters of a century.
United States
30 Aug 2013
In re Pacific Pictures: New Ninth Circuit Decision May Be Kryptonite To Claims Of Privilege Under The Selective Waiver Doctrine
Corporations subject to criminal and civil regulatory investigations have long grappled with the highly charged decision over whether to provide the government with privileged communications and attorney work product or whether to maintain those materials as privileged despite a governmental inquiry.
United States
25 Apr 2012
Spoliation Of ESI Risks Criminal Prosecution
A prime topic for discussion at the Executive Counsel eDiscovery briefings continues to be the interaction between the various Electronic Discovery ("eDiscovery") process stakeholders.
United States
14 Oct 2011
Late Night With eDiscovery Nightmare-Man? Top Ten Ways To Help Your CEO Sleep More Easily . . .
Many an organization waits until it has seen the corporate body on the table in a lawsuit or in a government proceeding before implementing an electronic-discovery preparedness program. Often, nothing short of an expensive, stressful litigation kluge is sufficiently compelling.
United States
22 Jun 2011
California eDiscovery Legislation Signed Into Law, Effective Immediately
On June 29, 2009, Governor Arnold Schwarzenegger signed into law AB 5, California's first set of statutes designed to address the realities of electronic discovery.
United States
13 Jul 2009
Must A Corporation Disclose Privileged Information To Avoid Prosecution, And If It Does So, Will It Be At The Mercy Of The Plaintiffs´ Bar? - Recent Developments In DOJ Policy And Case Law
Many boards and executives of corporations subject to criminal and civil regulatory investigations have grappled with the highly charged decision of whether to provide the government with privileged communications and attorney work product.
United States
22 Jan 2009
Electronic Discovery is Focus of Pending Federal Rule Changes Approved by U.S. Supreme Court
On April 12, 2006, the United States Supreme Court approved changes to the Federal Rules of Civil Procedure that will require early involvement of the court in managing electronic discovery.
United States
8 May 2006
Inefficient Electronic Discovery Management Can Cost Clients
On December 14, 2005, the Delaware Chancery Court reduced recovery of plaintiffs’ attorneys’ fees in a securities case by nearly $1.2 million, in large part for inefficiently managing electronic discovery.
United States
30 Jan 2006
Fourth Circuit Ruling Requiring Court or DOL Approval for FMLA Releases Under Attack
The decision by a 3-judge panel of the Fourth Circuit Court of Appeals that FMLA releases must be approved by a court or the federal Department of Labor is under attack.
United States
28 Oct 2005
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