COVID-19 has not stopped the need to plan for the LIBOR transition. In fact, appropriate planning and action has become even more urgent. For this reason, CDS and Greenpoint Financial co-hosted the virtual event LIBOR Summit 2020 – Litigation and Documentation in April to bring together experts to provide updates and advice to organizations, regulators, and counsel.
Thought Leadership and Industry Trends
A recent blog post posed the question “Have we lost the war on eDiscovery?” There may be an eDiscovery War, but from my perspective, we are fighting on the same side.
Often discussions about data only focus on one aspect of it at a time, such as privacy, cybersecurity, retention, big data, etc. However, in order to truly protect data, organizations need to take a broader perspective. Data is an asset that has real value to every organization and its value tracks its many uses. In other words, its value varies with each user and purpose for which the data is used, and this must be considered in developing a management plan for enterprise data.
Although advancements in legal technology have brought many benefits to the legal process, they have also made it more complex.
As many companies debate whether moving operations to the cloud is wise, they may not realize they are already utilizing systems that reside in the cloud.
Implementation of GDPR, as with SOX, will lead your company to being more credible, more secure and more accountable, and your company will come out stronger.
As previously discussed, courts are dealing with increasing demands for data that resides abroad. The Microsoft warrant case awaiting Supreme Court action was anticipated to yield important guidance on issues of international cross-border electronic evidence transfers.
Predictive coding has become increasingly prevalent in eDiscovery. Although courts have ruled that parties are allowed to use the technology, they have also recognized that litigants aren’t required to use it. However, once a litigant has decided to employ predictive coding, the question is to what extent courts should permit discovery into, and allow opposing counsel, to re-examine and second guess a litigant’s TAR process?
Many U.S. companies store data outside the country, which increasingly is causing problems in legal cases. One issue is about to be heard in the US Supreme Court and it has potentially broad implications especially since the European Union will be changing its data privacy laws next year. How should companies deal with the changes?
A recent antitrust/unfair trade practices case should send a clear message to litigants about the importance of proper eDiscovery to every part of a litigation.
In the litigation context, a Protective Order is a key tool that gives counsel and the court the power to control the protection of data that is going to be produced in response to discovery requests. That Protective Order should require all parties to protect data when it is held by counsel or by counsel’s vendors, and those protections should remain in place when the data is produced in discovery.
CDS has had a keen interest in visualizing aspects of the EDRM from the earliest days and our eDiscovery Counsel, Matthew Knouff, was part of the team that developed the original IGRM…We predict that the IGRM of the future will have each stakeholder (including in-house counsel) increasingly involved in every aspect of information management, perhaps incorporating a visualization that weaves together roles.