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Electronic Communications Metadata

EDRM - Electronic Discovery Reference Model

“Attachments to Attorney-Client Communications May Be Withheld as Privileged, Without an Independent Basis for Privilege,” But….

In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court held that “attachments to attorney client communications may be withheld as privileged without an independent basis for...more

Association of Certified E-Discovery...

Navigating Hyperlinks in eDiscovery: Lessons from the StubHub Refund Litigation

Introduction - Each week on the Case of the Week I choose a recent decision in ediscovery and talk to you about the practical applications of that case and what you need to be thinking about as you conduct discovery of ESI....more

Association of Certified E-Discovery...

Judge Cisneros Sets Much Needed Standards for the Production of Hyperlinked Files in eDiscovery

Hyperlinked files within electronic communications pose three significant challenges in ediscovery that had been previously unanswered by a thorough judicial analysis: 1) whether a hyperlinked file is an “attachment” that...more

Hogan Lovells

ePrivacy update: Comparison of the three EU drafts

Hogan Lovells on

On 10 February 2021, the Council of the European Union (Council) agreed its negotiating mandate for the proposed Regulation on Privacy and Electronic Communications (ePR), which will replace the current ePrivacy Directive...more

BCLP

What Happens to My Digital Assets on Death or Incapacity?

BCLP on

A recent New York case, Estate of Swezey (NYLJ, 1/17/19 at pp. 23, col. 3) highlights the confusion in the laws of many states regarding the administration and distribution of digital assets at a decedent’s death. In this...more

Hogan Lovells

Far-reaching decision by the CJEU on copyright: The Pirate Bay can be blocked by ISPs!

Hogan Lovells on

Swiftly following the CJEU decision in Filmspeler, in which the Court found that the selling of multimedia players with add-ons to illegal streaming websites amounted to copyright infringement, the CJEU has confirmed that an...more

Dorsey & Whitney LLP

Regulating From Across The Pond: Rough Waters Ahead For Use of Big Data in the EU

Dorsey & Whitney LLP on

A proposal for new e-Privacy legislation by the European Union may have a significant impact on businesses that wish to rely on use-generated data such as meta-data collected from users of mobile devices. Mobile...more

Dorsey & Whitney LLP

Proposal for new European ePrivacy Regulation

Dorsey & Whitney LLP on

On 10 January 2017, the European Commission announced its proposal for new legislation which would update the law relating to privacy in electronic communications. The Commission has proposed a draft ePrivacy regulation that...more

Hogan Lovells

EU Advocate General in favour of finding copyright infringement by indexing site The Pirate Bay

Hogan Lovells on

The cases that deal with the meaning of “communication to the public” continue: in a current reference for a preliminary ruling, the European Court of Justice (CJEU) will have to decide whether the operators of websites that...more

Proskauer on Privacy

Draft Privacy and Electronic Communications Regulation published by European Commission

Proskauer on Privacy on

The European Commission has released proposals for new legislation that seeks to create stronger privacy in electronic communications. The draft Privacy and Electronic Communications Regulation (the “Regulation”) is intended...more

Ballard Spahr LLP

EU e-Privacy Regulation Raises Stakes for Compliance

Ballard Spahr LLP on

The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

Snell & Wilmer

California Updates Privacy Rights with the Electronic Communications Privacy Act

Snell & Wilmer on

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

Goodwin

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

Goodwin on

On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more

McDermott Will & Emery

California Joins Other States with the Passage of CalECPA

McDermott Will & Emery on

Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more

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