Category Archives: eDiscovery

Reasonable Expectations of Privacy Settings: Social Media and the Stored Communications Act

By: Christopher J. Borchert, Fernando M. Pinguelo, and David Thaw In 1986, Congress passed the Stored Communications Act (“SCA”) to provide additional protections for individuals’ private communications content held in electronic storage by third parties. Acting out of direct concern … Continue reading

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Stopping Police in Their Tracks: Protecting Cellular Location Information Privacy in the Twenty-First Century

By: Stephen Wagner Only a small fraction of law enforcement agencies in the United States obtain a warrant before tracking the cell phones of suspects and persons of interest. This is due, in part, to the fact that courts have … Continue reading

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A Comparative Critique to U.S. Courts’ Approach to E-Discovery in Foreign Trials

By: Lauren Ann Ross This Issue Brief explores an oft-neglected irony in international e-discovery: the rationales used by courts to compel discovery against foreign parties embroiled in litigation in U.S. courts may contradict courts’ reasoning when compelling discovery against U.S. … Continue reading

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Electronic Discovery in the Cloud

By: Alberto G. Araiza Cloud Computing is poised to offer tremendous benefits to clients, including inexpensive access to seemingly limitless resources that are available instantly, anywhere. To prepare for the shift from computing environments dependent on dedicated hardware to Cloud … Continue reading

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The Attorney–Client Privilege and Discovery of Electronically-Stored Information

By: Adjoa Linzy The attorney-client privilege is the most sacred and important privilege in our legal system. Despite being at the center of daily practice, the privilege still remains a mystery for many lawyers. This is primarily because the privilege … Continue reading

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Electronically Stored Information: Balancing Free Discovery With Limits on Abuse

By: Patricia Groot The Federal Rules of Civil Procedure (the Rules) have long sought to limit abuses that developed under the traditional presumption favoring free discovery. The 2006 amendments to the Rules are specifically aimed at curbing abuses associated with … Continue reading

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