Emily R. Fedeles

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What Controls: The Location of the Data or the Location of the Searches for the Data?

By Emily R. Fedeles, Nichole Sterling and Rachel Mills on March 1, 2018 Posted in Data, Privacy

The U.S. Supreme Court recently heard oral arguments in U.S. v. Microsoft, tackling the question of whether an organization can refuse to disclose foreign-stored data sought by the U.S. government through domestic warrants. Currently, the Second Circuit says yes while other circuits tend to say no. While several district courts have concluded that it is … Continue Reading

If the Scope of Discovery Changed and No One Paid Attention, Did the Scope of Discovery Change?

By Nichole Sterling and Emily R. Fedeles on January 27, 2017 Posted in E-Discovery Rules

The scope of discovery may be more limited than you think. The Cole’s Wexford opinion provides a thorough dissection of the history and past iterations of Rule 26 and a clear explanation of the status of the current rule as amended in 2015. Judge Joy Flowers Conti, chief district judge of the U.S. District Court … Continue Reading