Archives: Privacy

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

Developing or Enhancing “Bring Your Own Device” Programs – Your First Five Questions . . .

By James A. Sherer and Melinda L. McLellan on August 5, 2015 Posted in Employment, Information Governance, Privacy, Your First Five Questions

This is the second blog post in Discovery Advocate’s new series, “Your First Five Questions,” in which we identify a question commonly (or sometimes not so commonly) seen in practice followed by the first five questions you might ask and why. Have a scenario you’d like us to address? Contact us. Your client, a multinational whose … Continue Reading

James Sherer Discusses Cross-border Bring Your Own Device (“BYOD”) eDiscovery and Data Privacy Issues

By BakerHostetler on April 7, 2015 Posted in E-Discovery Rules, Privacy

Counsel James Sherer, co-leader of BakerHostetler’s Information Governance team, sat down with Kroll Ontrack’s Michele Lange and Eric Robinson for a Legal Talk Network ESI Report on 2015 Trade Shows and Trends in E-Discovery. Sherer discussed trends associated with cross-border Bring Your Own Device (“BYOD”), related data privacy and eDiscovery considerations, and the upcoming amendments … Continue Reading

Bring Your Own Device (Everywhere): Legal and Practical Considerations for International BYOD Programs

By Melinda L. McLellan and James A. Sherer on March 30, 2015 Posted in Employment, Information Governance, Privacy

The cross-use of mobile devices for personal and professional purposes, commonly referred to as “Bring Your Own Device” or “BYOD”, is a relatively recent phenomenon that has created a host of legal and practical challenges for organizations of all sizes. Implementing a BYOD program is especially complex for companies that have employees who regularly travel … Continue Reading

Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?

By Gilbert S. Keteltas on March 20, 2014 Posted in E-Discovery Rules, Privacy

Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications between Indonesian officials and an American law firm retained by Indonesia for help with the trade dispute.” Web-based email service providers may use automated processes … Continue Reading

Isn’t E-Discovery Hard Enough Without the Internet of Things?

By Erica Gann Kitaev on February 25, 2014 Posted in E-Discovery Rules, Privacy

This week, after a seemingly endless year of construction, my family and I moved into our new, energy-efficient home. As I was in the kitchen unpacking, my daughter cried out, somewhat dramatically, “Mama, come here …. The thermostat is watching me…” Whereupon she proceeded to demonstrate this by waiting until the thermostat went dark and … Continue Reading

Information Governance – The importance of putting your data house in order

By Judy Selby and James A. Sherer on February 5, 2014 Posted in Information Governance, Privacy

This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. Information is the lifeblood of businesses today. As the volume of data continues to grow exponentially, intelligent governance of information is essential for enterprises to survive and thrive. Data security concerns, privacy, compliance requirements and the costs of ediscovery all militate toward implementation … Continue Reading

E-Discovery in 2013 – Waiting for Godot, Closing Kimonos, and Your World Doesn’t Just Seem Bigger

By James A. Sherer, Gilbert S. Keteltas and Karin Scholz Jenson on December 31, 2013 Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Privacy

In some respects, 2013 seemed like a conversation between Vladimir and Estragon. Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in general, and affected clients speaking the same language; others feared that a continuation of the status quo meant simply that another year had passed without addressing the … Continue Reading

Marital Communications are “Essential to the Preservation of Marriage” – Unless Made from a Workplace Computer

By Gilbert S. Keteltas on December 14, 2012 Posted in Privacy, Privilege

Editor’s Note: This post is a joint submission to BakerHostetler’s Data Privacy Monitor blog. Communications between spouses are typically accorded a “marital communications privilege” because they are “regarded as so essential to the preservation of the marriage relationship as to outweigh the disadvantages to the administration of justice which the privilege entails.” But marital communications … Continue Reading