e-Lawyering Bumps in the Road for a US Adequacy Decision Under GDPR February 24, 2023 by Daniel Miller As discussed in a prior post on this blog, electronic discovery that requires the processing and use of records and information that includes the personal data of individuals residing in the and the European Economic Area (“EEA”) must often incorporate... Read more » Cross-Border Data Transfer Data Privacy GDPR Trends & Emerging Issues
e-Lawyering Reminder: Attorneys’ Duty of Competence Extends to Technological Competence February 10, 2023 by Daniel Miller Within each United States jurisdiction in which attorneys are licensed to practice law, the relevant rules of professional responsibility require attorneys to meet a duty of competence. Such competence is not limited to legal judgment and skill. Instea... Read more » Attorney Competence Trends & Emerging Issues
e-Lawyering Five Quick Tips for Drafting and Negotiating ESI Protocols January 28, 2023 by Daniel Miller By addressing how e-discovery issues will be handled in a particular case, ESI protocols can serve a valuable role in escalating such issues for early resolution and reducing later disputes on these topics. Below are five simple reminders for the next ... Read more » ESI Protocol Meet and Confer Trends & Emerging Issues
e-Lawyering Will 2023 Be the Year When the United States Receives an Adequacy Decision under GDPR from the European Union? January 13, 2023 by Daniel Miller Electronic discovery for legal matters within the United States often involves preserving, collecting, processing, reviewing, and producing data that concern individuals living outside the United States. In some of these situations, the data privacy la... Read more » Cross-Border Data Transfer Data Privacy GDPR Trends & Emerging Issues
e-Lawyering In re Grand Jury: Supreme Court to Consider Attorney-Client Privilege in “Dual-Purpose Communications” November 4, 2022 by Daniel Miller Because of the volumes of information and the complexities of data found in many cases that require extensive electronic discovery, issues related to attorney-client privilege can require significant attention during the document search, review, and pr... Read more » Attorney-Client Privilege Privilege Privilege or Work Product Protections Trends & Emerging Issues
e-Lawyering In re Grand Jury: Supreme Court to Consider Attorney-Client Privilege in “Dual-Purpose Communications” November 4, 2022 by Daniel Miller Because of the volumes of information and the complexities of data found in many cases that require extensive electronic discovery, issues related to attorney-client privilege can require significant attention during the document search, review, and pr... Read more » Attorney-Client Privilege Privilege Privilege or Work Product Protections Trends & Emerging Issues