E Discovery And Data Privacy

"This book deals with the dilemma faced by multinational corporations when a United States court demands discovery of ESI that is protected in other countries. In fine detail the authors cover the full spectrum of possible responses, from evaluating the comparative costs of legal sanctions in a variety of major global jurisdictions to recognizing when to avoid litigation entirely. The tone throughout is eminently practical, specifying the precise nature and degree of risk involved and offering optimal solutions to all the conflicts likely to arise. On the theoretical side, the rationales of both the US e-discovery model and data privacy laws (focusing on the European data protection directive) are clearly explained"--P. [4] of cover.

Explore the frontier of electronic discovery in the cloud Cloud Computing and Electronic Discovery comprehensively covers the quickly-evolving realm of eDiscovery in cloud computing environments, a computing and legal frontier in which the rules and legal precedents are being developed anew seemingly by the day. The book delves into this fascinating and rapidly-developing topic to prepare fraud investigators, legal professionals, forensic accountants, and executives understand the ramifications of storing data with third party providers and how such storage mechanisms relate to the limits of discovery practices. This up-to-date resource also includes a complete discussion of the few existing legal precedents and current cases that are shaping interpretation of discovery laws in the cloud space, a perfect overview for executives storing their companies' data in the cloud and the legal professionals tasked with understanding and interpreting the discovery rules surrounding that data. The book is comprehensive in scope and includes: An overview of current trends in cloud computing, including potential information that should be considered in an investigation that involves data held by a cloud service provider Updates on current and proposed laws governing discovery of information held by a third party cloud service provider Updates on legal cases that address the issues of the Electronic Communication Privacy Act, the Federal law prohibiting release of information by a third party provider Practical guidance on how to consider the availability of cloud data relevant to an investigation, and how to include this data in discovery plans For business, accounting, and legal professionals, Cloud Computing and Electronic Discovery is an invaluable resource for understanding the nuanced development of cloud eDiscovery policies, practices, and law as they continue to unfold and develop.

Consent is necessary for collecting, processing and transferring Personal Identifiable Information (PII) and sensitive personal data. But to what extent? What are the limitations and restricts to avoid penalties under The General Data Protection Regulation 2018 (GDPR) rules, which may be up to 4% of annual global turnover or €20 million (whichever is higher), enforcements and sanctions? Under GDPR Article 51, each EU Member State shall maintain an independent public authority to be responsible for monitoring the application of this regulation to protect the fundamental rights of data subjects (Supervisory Authority). The Supervisory Authority has powers to issue warnings, conduct audits, recommend remediation, order erasure of data and suspend data transfers to a third country. GDPR has changed the way data is used, accessed and stored. It's reach extends well beyond the European Union and is the basis of other data privacy laws around the world. This book provides a review and guidance on implementing and compliance of GDPR while taking advantage of technology innovations and supported by real-life examples. The book shows the wide scope of applications to protect data privacy while taking advantage of processes and techniques in various fields such as eDiscovery, Cyber Insurance, Virtual-based Intelligence, Information Security, Cyber Security, Information Governance, Blockchain and Biometric technologies and techniques.

"Virtually every case today, from small claims to class actions, involves electronic information: emails, word-processing documents, spreadsheets and databases, metadata, digital photographs, and many other media. Electronic information can make or break a legal cause of action or a defence-or lead to a quick settlement."--Pub. desc.

The use of e-mail and electronically stored data has fundamentally changed the discovery process and the judicial standards for what is a "reasonable" discovery request. It has also led to new strategies and tactics that can mean the difference between winning and losing a case. Electronic Discovery is a comprehensive and much-needed treatment of this vital and evolving area. Beginning with the basic rules governing discovery, this book discusses the legal and practical challenges involved in e-discovery, special evidentiary issues, when protective orders to limit electronic discovery may be issued, and strategic considerations--in short, everything the practitioner needs to master the use of e-discovery. Electronic Discovery looks closely at "reasonableness" in the context of electronic discovery, e-mail, messaging and other danger zones, data analysis and computer forensics, document retention policies that can withstand scrutiny, and other essential topics. The authors provide guidance from both offensive and defensive perspectives, including timesaving forms and examples. This truly modern reference will prove its worth to practicing trial lawyers for years to come. Book ʧ looseleaf, one volume, 428 pages; published in 2005, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-132-3.

Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you re looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Second Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as: Duty to Preserve Electronic Evidence Spoliation Document Retention Policies and Electronic Information Cost Shifting in Electronic Discovery Evidentiary Issues Inadvertent Waiver Table of State eDiscovery rules Litigation Hold Notices Application of the Work Product Doctrine to Litigation Support Systems Collection, Culling and Coding of ESI Inspection of Hard Disks in Civil Litigation Privacy Concerns Disclosure under FOIA Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst and Young and David Lender of Weil, Gotshal and Manges LLP, Electronic Discovery: Law and Practice, Second Edition, offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts.

Ethics in e-Discovery provides an authoritative, insiders perspective on successfully managing the e-discovery process. Featuring experienced partners from law firms across the nation, these experts guide the reader through emerging research methods and how to utilize new technology while keeping ethical considerations in mind. These top lawyers offer advice on understanding recent decisions, staying up-to-date with e-discovery rules, managing privacy concerns, and overcoming common challenges. Additionally, these experts discuss the increased use of social media, the impact of cloud computing on e-discovery, and other key trends that are influencing this space. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-changing area of law.