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Because You Need to Know: Monthly News Round-Up for September 2018

Our monthly legal eDiscovery news round-up features the ramifications of a new copyright directive, the expectedness of text messages, and a new data breach at Facebook, as well as recent cases and new XDD content.

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Because You Need to Know: Monthly News Round-Up for August 2018

Our monthly legal eDiscovery news round-up features the importance of custodian interviews, ongoing challenges with GDPR compliance, and some new and future privacy laws in the United States, as well as recent cases, publications, and XDD content.

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Because You Need to Know: Monthly News Round-Up for July 2018

Our monthly legal eDiscovery news round-up features the potential end of the EU-US Privacy Shield, a new procedural rule supporting the use of technology-assisted review, and more new cryptocurrency developments, as well as recent cases, publications, and XDD content.

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Because You Need to Know: Monthly News Round-Up for June 2018

Our monthly legal eDiscovery news round-up features a proposed change to a deposition rule, the closing of an avenue of iPhone access, ongoing GDPR adaptation struggles, and more cryptocurrency developments, as well as recent cases and XDD content.

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Because You Need to Know: Monthly News Round-Up for May 2018

Our monthly legal eDiscovery news round-up features a new source of guidance on digital forensics, criminal defendants and obtaining social media materials under the SCA, and immediate court challenges to Facebook and Google under the now-effective GDPR, as well as recent cases, useful publications, and XDD content.

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Cryptocurrency: Five Things Legal Practitioners Should Know, Part 3

Over the past few years, cryptocurrencies have exploded in popularity and in number, driven in large part by the phenomenal price growth of Bitcoin and Ethereum. In this short series, we’ll provide an overview of five essential things for legal practitioners to know about cryptocurrency, including: what it is, how it works, why people use it, what’s happening legally, and what the discovery implications are. Part 3 reviews legal activity and discovery implications.

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Cryptocurrency: Five Things Legal Practitioners Should Know, Part 2

Over the past few years, cryptocurrencies have exploded in popularity and in number, driven in large part by the phenomenal price growth of Bitcoin and Ethereum. In this short series, we’ll provide an overview of five essential things for legal practitioners to know about cryptocurrency, including: what it is, how it works, why people use it, what’s happening legally, and what the discovery implications are. Part 2 discusses how it works and why it’s used.

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Cryptocurrency: Five Things Legal Practitioners Should Know, Part 1

Over the past few years, cryptocurrencies have exploded in popularity and in number, driven in large part by the phenomenal price growth of Bitcoin and Ethereum. In this short series, we’ll provide an overview of five essential things for legal practitioners to know about cryptocurrency, including: what it is, how it works, why people use it, what’s happening legally, and what the discovery implications are. We begin in Part 1 with what it is.

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AI Progress Update: Artificial Intelligence in Legal Practice

Artificial intelligence (“AI”) has become, of late, a staple of discussion in legal industry publications. Each week seems to bring new product announcements, panel discussions, and editorials. In this article, we will discuss what we mean by AI, some recent examples of its applications in legal practice, one area where it is measurably excelling, the burdens of AI training, and the actual rate of AI adoption.

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Because You Need to Know: Monthly News Round-Up for April 2018

Our monthly legal eDiscovery news round-up features ongoing legal fallout from the Cambridge Analytica revelations, the imminent impact of the GDPR, recent cases of note, XDD’s April articles on social media authentication and standard contractual clause cases, and a new XDD webinar on proportionality.

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Standard Contractual Clauses for Data Privacy Protection to be Reviewed by the Court of Justice of the European Union

In Commonwealth v. Mangel, the Pennsylvania Superior Court considers the appropriate standard to apply for social media authentication in Pennsylvania and articulates a heightened authorship evidence requirement that must be satisfied before reaching a jury. This decision aligns Pennsylvania’s approach to social media authentication with similar approaches adopted in the Maryland Rule cases.

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A Pennsylvania Appellate Court Considers Social Media Authentication

In Commonwealth v. Mangel, the Pennsylvania Superior Court considers the appropriate standard to apply for social media authentication in Pennsylvania and articulates a heightened authorship evidence requirement that must be satisfied before reaching a jury. This decision aligns Pennsylvania’s approach to social media authentication with similar approaches adopted in the Maryland Rule cases.

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Because You Need to Know: Monthly News Round-Up for March 2018

Welcome to “Because You Need to Know,” Xact Data Discovery’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This month’s news summary collects recent eDiscovery cases and new articles of interest from March 2018, including new XDD articles, white papers and educational webinars.

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Facebook Accounts Revealed as Potential Source for Android Call and Message Logs

We have looked previously on this blog at the vast, diverse quantities of information that are available from social media sources like Facebook, and how they include both the materials users have posted and also information gathered about users from their use (e.g., people, places, and devices). Now Facebook’s gathering and handling of information about its users is under scrutiny again after revelations about political uses of that data, which has led some users to dig into what Facebook knows about them.

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The Second Circuit Considers a $2.7 Million Discovery Sanction in a $20,000 Case

In Klipsch Group, Inc. v. ePRO E-Commerce Ltd., Case No. 16-3637, the Second Circuit considers $2.7 million discovery sanction in a $20,000 case, providing a helpful reminder that sanctions for discovery misconduct must be proportional to the effect of the misconduct and not necessarily the value of the case.

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Two More New Decisions on Proportionality in Discovery

Two new decisions on proportionality in discovery include Firefighters’ Retirement System v. Citco Group and Nece v. Quicken Loans, where courts consider when requested discovery is disproportionate. The amendment to FRCP 26(b)(1) incorporates a multi-factor proportionality test directly into the general discovery scope definition and places “proportional” on equal footing with “relevant” as a discoverability criteria.

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New York State’s Highest Court Considers Discovery of Private Facebook Materials

The NY Appeals Court considers discovery of private facebook data in Forman v. Henkin, including private facebook messages and photos. The New York State Court of Appeals weighs in on the discoverability of Facebook evidence because of the defendants request for private facebook materials from the plaintiff.

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Because You Need to Know: Monthly News Round-Up for February 2018

Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers items of interest from February 2018.

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Because You Need to Know: Monthly News Round-Up for January 2018

Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers items of interest from January 2018.

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Gibson Dunn’s “2017 Year-End E-Discovery Update” Is Now Available

On January 18, 2018, Gibson Dunn released its 2017 Year-End E-Discovery Update. For almost a decade, Gibson Dunn’s Electronic Discovery and Information Law Practice Group has produced this annual year-in-review report (and, in some years, a “Mid-Year E-Discovery Update” as well). Each year, it provides practitioners with one of the best overviews of new case law, evolving best practices, and industry trends. This year’s report discusses developments related to: spoliation sanctions; proportionality; possession, custody, or control; discovery of social media; technology-assisted review; and, eDiscovery service providers.

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Because You Need to Know: Monthly News Round-Up for December 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers…

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Because You Need to Know: Monthly News Round-Up for November 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers…

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Because You Need to Know: Monthly News Round-Up for October 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers…

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The Final Version of the Sedona Principles, Third Edition, Is Now Available

After a multi-year drafting and revision process, the Sedona Conference has now released the final version of the Third Edition of its influential Sedona Principles for eDiscovery Last week, the Sedona Conference released the long-awaited final version of The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. Reflecting years…

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Because You Need to Know: Monthly News Round-Up for September 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers…

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Because You Need to Know: Monthly News Round-Up for August 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “Because You Need to Know,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers…

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ICYMI: Monthly News Round-Up for July 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “In Case You Missed It,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers…

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ICYMI: Monthly News Round-Up for June 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “In Case You Missed It,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers…

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ICYMI: Monthly News Round-Up for May 2017

A monthly round-up of industry news stories, useful publications, and notable cases of which you should be aware from the preceding month Welcome to “In Case You Missed It,” XDD’s monthly news round-up.  In these posts, we gather together interesting articles, new publications, noteworthy cases, and XDD materials from the preceding month.  This post gathers…

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The Supreme Court Weighs in on Inherent Authority for Discovery Sanctions

In Goodyear v. Haeger, the Supreme Court weighs in on the limits of inherent authority to award fees and costs as sanctions for discovery misconduct The inherent authority of judges to issue sanctions for discovery failures or misconduct has been a hot topic in the industry since the implementation of the December 2015 Amendments to…

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