Tag Archives: data

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

It Lurks in the Last Place You Look – Preventing (or at Least Mitigating) Employee Data Leakage

By James A. Sherer on May 3, 2017 Posted in Information Governance

Outside hacking attacks grab headlines. Data breach concerns cause sleepless nights within the C-suite of many organizations. And ransomware strikes fear into companies without sound backup practices and true Information Governance programs. But a different (and sometimes more sinister) problem often goes undetected within the four walls of those same organizations’ firewalls and barriers to … 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

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

Something Wicked This Way Comes – Dark and Dusty Data and the Risk Your Organization Already Owns

By James A. Sherer on December 16, 2013 Posted in E-Discovery Rules, Ethics

This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. During the final panel of Thomson Reuters’ 17th Annual eDiscovery & Information Governance in Practice Forum, Thomas Barnett, Ignatius Grande, and Sandra Rampersaud led a lively discussion on Managing Big Data, Dark Data, and Risk. And while the exchange incorporated Information Governance 101 principles … Continue Reading