Blogs

Below, you can find a feed of the latest blog posts from eLessons Learned and eWhite House Watch.

eWhite House Watch Where Technology, Privacy, and Politics Collide
eWhite House Watch features concise updates on cyber policy issued by the Office of the President of the United States (POTUS). Each eWHW cyber policy update is presented in an easy-to-scan format that includes links to POTUS announcements, proposed federal legislation, department and agency regulations and initiatives, cyber policy committee reports, breaking news, and more. Striking the proper balance of benefits between technological advances and privacy protection has always posed challenges. Today, the challenges are even greater as technology significantly outpaces privacy protections; and the need for greater recognition of this reality and honest public discourse is more pressing than ever. eWhite House Watch monitors POTUS’s cyber/privacy agenda so you may be informed and partake in the debate.

eLessons Learned Where Law, Technology, and Human Error Collide
eLessons Learned provides readers with useful and timely information about how technology impacts the U.S. legal system and our lives in a way that is easy to understand. The posts are written to appeal to a broad spectrum of readers, including those with little electronic discovery (eDiscovery) knowledge. Each blog post: (a) identifies cases that address technology mishaps; (b) exposes the specific conduct that caused a problem; (c) explains how and why the conduct was improper; and (d) offers suggestions on how to learn from these mistakes and prevent similar ones from reoccurring.

eLessons Learned

  • How Far Does a Party’s Legal Obligation to Produce Extend?
    Author: Markiana Julceus   Case Citation: Jackson v. E-Z-Go Div. of Textron, Inc., No. 3:12-CV-154-TBR, 2016 U.S. Dist. LEXIS 146951 (W.D. Ky. Oct. 21, 2016)   Employee/Personnel/Employer implicated:   Outside Counsel   eLesson Learned: A Defendant’s duty to produce only extends as far as their control, and “control” under FRCP 34 means the “practical ability to obtain” the discovery.   […]... (Continue Reading)
    Source: eLessons Learned | Published on 10-15-2017
  • A Tale of Two Motions to Compel: The Need to Read the Rules
    Author: Brendan Johnson   Case Citation: Pyle v. Selective Ins. Co. of Am., No. 2:16-cv-335, 2016 U.S. Dist. LEXIS 140789 (W.D. Pa. Sep. 30, 2016). See attached PDF.   Employer/Employee Implicated: No Employees implicated this case deals with Plaintiff Attorney’s duty to provide HIPPA authorizations and search terms.   eLesson Learned: Electronic Discovery should be a party driven process, […]... (Continue Reading)
    Source: eLessons Learned | Published on 09-15-2017
  • What Happens When an Employee Goes on an E-mail Deleting Spree?
     Author: E-Discovery Guru Case Citation: Orchestratehr v. Trombetta, 178 F.Supp.3d 476 (N.D.Tex. 2016) Employee Implicated: Employee eLesson Learned: Failure to prove that e-mails pertaining to a discovery request were deleted in bad faith on the part of the defendant or with the requisite intent to deprive plaintiff of the use of them in litigation will […]... (Continue Reading)
    Source: eLessons Learned | Published on 08-15-2017
  • IRS is 0-2 in a Battle Against Technology Assisted Review
    Author: Stephen Daniels   Case Citation: Dynamo Holdings v. Comm’r of Internal Revenue, Docket No. 2685-11, 8393-12 (T.C. July 13, 2016).   eLesson Learned: Judicial bodies are trending towards acceptance of computer-assisted discovery techniques, perhaps even bordering on embracing it, like in the Dynamo Holdings decisions.   Tweet This: The IRS loses yet another battle against technology assisted review. […]... (Continue Reading)
    Source: eLessons Learned | Published on 07-15-2017
  • How May The Court Infer Bad Faith Regarding Discovery Compliance?
    Author: Eli Crozier Case Citation: Fulton v. Livingston Fin. LLC, 2016 U.S. Dist. LEXIS 96825 (W.D. Wash. July 25, 2016). Employee/Personnel/Employer implicated:   Defense counsel / Hinshaw and Culbertson eLesson Learned:  Because sanctions issued under a court’s inherent power are available if the court specifically finds bad faith or conduct tantamount to bad faith, attorneys should avoid recklessly misrepresenting […]... (Continue Reading)
    Source: eLessons Learned | Published on 06-15-2017

eWhite House Watch

  • Lawmakers Propose Bill to Counter State Department Cuts to Cyber Offices
    September 14th, 2017 By: Connor Breza   Responding to Secretary of State Tillerson’s plans to eliminate and consolidate the State Department’s Office of the Coordinator for Cyber Issues, lawmakers spanning across party lines have proposed a bill this week to preserve the department and strengthen U.S. cyber security and diplomacy.  In a statement last week, Congressman Ted W. Lieu announced a bipartisan bill titled the Cyber Diplomacy Act, introduced by Congressman Royce of California, which... (Continue Reading)
    Source: eWhite House Watch | Published on 09-22-2017
  • Equifax Data Breach Sparks U.S. Government Focus
    September 7th, 2017 By: Connor Breza   Credit reporting agency Equifax publicly announced a major data breach yesterday, potentially compromising the personal information of up to 143 million U.S. consumers. The company reported that the breach occurred between mid-May and July this summer and put consumer’s sensitive information at risk, including Social Security numbers and driver’s license numbers. According to the company, “[c]riminals exploited a U.S. website application vulnerability to gain access to certain files,”... (Continue Reading)
    Source: eWhite House Watch | Published on 09-08-2017
  • White House Experiences Resignations of Cybersecurity Advisors
    By: Connor Breza   In August the Trump administration lost several high-ranking cybersecurity officials. The Hill reported that the National Infrastructure Advisory Council (NIAC), the Homeland Security Department responsible for advising the president on cybersecurity and infrastructure, lost 25% of its panel in a group resignation. The resigning officers released a letter, published by Nextgov, detailing their personal motivations behind leaving the administration, and stating that the current administration has not demonstrated that it “is... (Continue Reading)
    Source: eWhite House Watch | Published on 09-06-2017
  • Uber Settles with FTC Over Claims of Misrepresentation of Privacy and Data Security Practices
    By: Connor Breza August 15th, 2017   Concluding its investigation, the FTC reached an agreement with Uber Technologies, Inc., settling charges that Uber, the popular ride share app, “deceived consumers by failing to monitor employee access to consumer personal information and by failing to reasonably secure sensitive consumer data stored in the cloud.” According to the FTC’s press release, as stipulated by the terms of the settlement, “Uber has agreed to implement a comprehensive privacy... (Continue Reading)
    Source: eWhite House Watch | Published on 08-19-2017
  • Acting FTC Chairman Announces Internal Reforms to Streamline Agency Investigations
    By: Connor Breza July 17th, 2017   In her press conference Monday, Acting Chairman for the Federal Trade Commission Maureen K. Ohlhausen announced incoming reforms to the Commission’s Bureau of Consumer Protection. The Federal Trade Commission reports that these reforms will “streamline information requests and improve transparency in Commission investigations.” Acting Chairman Ohlhausen first announced her intention to enact reforms in her April 17th press release in response to new presidential directives. The ultimate goal... (Continue Reading)
    Source: eWhite House Watch | Published on 08-01-2017