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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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