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Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

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Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices

Discovery Advocate

Relying on an employee’s memory without an accompanying thorough discussion – informed by potentially relevant technical considerations of where data may reside and a more robust effort to locate it – is unlikely to constitute a “reasonable search” for purposes of defending a response to a request for non-objectionable discovery.

Court 52
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Pete Recommends – Weekly highlights on cyber security issues, July 16, 2022

LLRX

Privacy and cybersecurity issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few.

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eDiscovery and Technology

Discovery Advocate

Should All States Require Continuing Technology Education (CTE)? For more than five years we have discussed the need for attorney competence in technology, especially as related to discovery in posts like this one and this one.

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Five Decisions Illustrate How Section 230 Is Fading Fast

Eric Goldman

The court ought to push back on such rhetorical overclaims rather than rubberstamp them to discovery. That ruling focused primarily on 230(e)(2), the IP exception to 230, but the case only reaches that issue based on the initial applicability of 230(c)(1). The court is discounting a well-known precedential case, Almeida v.

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The Heritage Foundation’s Reckless Misuse of FOIA to Target Individuals

LLRX

In this Opinion researched and authored by Michael Ravnitzky the Heritage Foundation’s current public records campaign is an outright abuse of the FOIA process.

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The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

3 Geeks and a Law Blog

E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. Catch Deepfakes If You Can: Can E-Discovery Tools Keep Up With Gen AI? So yeah, that’s that’s the that’s the discovery portion of it. They are easy and inexpensive to create but difficult to detect.

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