Searching Content by Michael Lackey ordered by Published Date Descending.
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Stored Communications Act: Practical Considerations
The Stored Communications Act (SCA), 18 U.S.C. § 2701 et seq., governs the disclosure of electronic communications stored with technology providers.
United States
13 Jul 2018
Electronic Discovery & Information Governance - Tip of the Month: How has Amending Federal Rule of Civil Procedure 37(e) Changed the World of Spoliation Sanctions?
A manufacturing company is a defendant in a case that is currently in discovery. In the course of identifying responsive electronically stored information (ESI) for production to the plaintiffs, ...
United States
1 Jul 2016
Retroactivity Of The Proposed Amendments To The Federal Rules Of Civil Procedure (Electronic Discovery & Information Governance - Tip Of The Month)
A manufacturing company is a defendant in a case that is currently in discovery. The general counsel knows that the proposed amendments to the FRCP are set to become effective on December 1, 2015, and wonders whether the revised rules will apply to the pending case.
United States
2 Dec 2015
2014 Tips of the Month - A Compilation (Electronic Discovery & Information Governance)
We wanted to take an opportunity to recap the major E-Discovery trends of 2014 and to provide last year’s tips in a single document for easy reference.
United States
5 Feb 2015
Electronic Discovery & Information Governance: 2013 Tips of the Month - A Compilation
As we move further into 2014, Mayer Brown’s Electronic Discovery & Information Governance Practice (f/k/a Electronic Discovery & Records Management) would like to extend its best wishes for a prosperous New Year.
United States
4 Feb 2014
Cloud Computing And Data Privacy (Electronic Discovery & Records Management)
A multinational company is negotiating an agreement with a cloud computing provider to maintain and hold all of the company’s electronically stored information and data.
United States
2 Jan 2013
Best Practices For Preparing A Clawback Agreement
A large corporation is sued over the alleged breach of a substantial contract.
United States
1 Nov 2012
Tip of the Month: Data Mapping: Helping to Manage the Risks and Costs of Organizational Data
During a litigation, a large company received discovery requests that were particularly focused on the company’s electronically stored information (ESI)—e.g., email, document drafts, spreadsheets, and other material stored on the company’s computer systems.
United States
6 Mar 2012
E-Discovery in Criminal Investigations – Tip of the Month
A senior corporate executive is under investigation by the Department of Justice for accounting fraud. In the course of discovery, he learns that the investigators and prosecutors secured a warrant to seize a large number of personal emails from an Internet-based electronic mail service.
United States
4 Oct 2011
Managing the Costs of E-Discovery: Post-Production (Tip of the Month)
An organization is involved in a litigation involving significant volumes of electronic data. After enduring the costs of processing the data, the organization finds itself faced with the additional costs of managing and maintaining not only its own production data, but also the data produced by other litigants.
United States
2 Jun 2011
Ninth Circuit Holds That in a Criminal Investigation, the Government Can Subpoena US Law Firms for Documents Obtained Abroad as Part of Discovery in Civil Litigation
The US Court of Appeals for the Ninth Circuit held last week that the Department of Justice may subpoena foreign documents that were turned over to US law firms as part of discovery in civil litigation.
United States
16 Dec 2010
Managing the Risks of Cloud Computing (Tip of the Month)
The IT department of a large international company is in the process of negotiating a contract with a cloud computing provider to maintain and hold all of the company’s electronically stored information and data.
United States
10 Dec 2010
E-Discovery and Social Media (Tip of the Month)
The Equal Employment Opportunity Commission (EEOC) files a discrimination action against a multinational organization in federal court on behalf of employees who claim ongoing emotional distress caused by a hostile work environment.
United States
4 Nov 2010
District Court Finds Employee Had Reasonable Expectation of Privacy in Personal Communications from Workplace
An employee may have a reasonable expectation of privacy in personal communications sent over an employer’s email system, according to a recent ruling on a motion to compel in the United States District Court for the District of Columbia.
United States
28 Jan 2010
Discovery of Data from Backup Tapes: Managing Risks and Shifting Costs
A company is sued by a class of investors. The investors issue a discovery request for a large number of data files that are only tangentially related to their claim.
United States
4 Jul 2009
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