Nichole Sterling

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The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

Photo of James A. ShererPhoto of Nichole SterlingPhoto of Brittany YantisBy James A. Sherer, Nichole Sterling and Brittany Yantis on Posted in Data, Privacy
The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to gain access to data held by cloud service providers through Stored Communication Act (SCA) warrants, as … Continue Reading

E-discovery, the Cloud and Blockchain – How New Practices May Require a ‘Back to School’ Approach

Photo of James A. ShererPhoto of Nichole SterlingBy James A. Sherer and Nichole Sterling on Posted in Blockchain, E-Discovery
The practice of e-discovery has always incorporated considerations of new and emerging technologies as well as related attorney competence. With the advent of cloud services and significant use by clients, e-discovery practitioners incorporated knowledge of those new platforms and offerings into their preservation strategies and requests for production, appropriately considering a variety of client and … Continue Reading

What the Working Party might be Thinking about Discovery – WP 261 Derogations to the GDPR

Photo of James A. ShererPhoto of Nichole SterlingBy James A. Sherer and Nichole Sterling on Posted in Privacy
On Feb. 6, 2018, the Article 29 Working Party (Working Party 29) published Working Paper 261 (WP 261), which provided guidance on the provisions of Article 49 of the European Union’s (EU) General Data Protection Regulation (GDPR). This guidance was especially interesting to data privacy attorneys and litigators (primarily e-discovery practitioners) in the United States … Continue Reading

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

Photo of Nichole SterlingPhoto of Rachel MillsBy Emily R. Fedeles, Nichole Sterling and Rachel Mills on 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

Perfection Not Required in Technology Assisted Review, but Transparency Might Be

Photo of Nichole SterlingPhoto of James A. ShererBy Nichole Sterling and James A. Sherer on Posted in E-Discovery Rules, LegalTech, TAR
A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into how judges will consider the use of advanced analytics in litigation. In Winfield v. City of New York, Magistrate Judge Katharine H. Parker … Continue Reading

Cost Shifting Ordered Due to Inadequate Meet and Confer

Photo of Nichole SterlingBy Nichole Sterling on Posted in ESI
Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the message from Judge A. Kathleen Tomlinson of the Eastern District of New York, who recently ordered cost shifting when parties failed to meaningfully meet and confer about their electronically stored information (ESI) … Continue Reading

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

Photo of Nichole SterlingBy Nichole Sterling and Emily R. Fedeles on 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
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