October 24, 2018
The European Union’s1 General Data Protection Regulation (“GDPR”),2 effective May 25, 2018, has created a shift in data privacy regulation. As the economy has become more globalized, political officials in EU member nations are concerned that their citizens’ personal data has been exploited without their knowledge or approval by companies around the world.
What is the GDPR?
Adopted in April 2016,…
October 24, 2018
Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.
The General Data Protection Regulation Reaches Far Beyond the EU
The European Union’s General Data Protection Regulation (“GDPR”), effective May 25, 2018, has created a shift in…
October 24, 2018
Data breaches are a serious risk, and organizations should allocate resources to prevent them. However, although extremely important, a company should consider more than prevention alone. Businesses allocate significant resources to prevent accidents, disasters, and other undesirable events, including data breaches. However, such events inevitably still happen. For this reason, organizations must…
September 27, 2018
Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.
Are an Employee’s Text Messages Discoverable?
Today, as more and more business is conducted on handheld mobile devices, companies responding in litigation to discovery requests…
September 27, 2018
Today, as more and more business is conducted on handheld mobile devices, companies responding in litigation to discovery requests must be cognizant of whether their employees’ devices should be preserved and collected to review for electronically stored data. As a general matter, to be discoverable, a document must be within the control of the party from whom the request is made. While there are…
August 22, 2018
The Bankruptcy Code permits a bankruptcy debtor (or a bankruptcy trustee standing in the debtor’s shoes) to sue creditors to recover transfers made by the debtor within the 90-day period before the bankruptcy case was filed, commonly referred to as the “preference period.”1 Clients often think it is unfair to be required to give back a transfer that they rightfully received from the debtor in…
August 22, 2018
Consumer DNA testing services have surged in popularity in recent years. One report estimates that the market could triple in value from $99 million in 2017 to $310 million by 2022.1 Companies like 23andMe, AncestryDNA, Family Tree DNA and MyHeritage provide direct-to-consumer genetic testing services for individuals interested in learning about and exploring their DNA.
With direct-to-consumer…
August 22, 2018
Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.
Best Practices to Minimize Exposure to Bankruptcy Preference Actions
The Bankruptcy Code permits a bankruptcy debtor (or a bankruptcy trustee standing in the debtor’s shoes) to…
July 25, 2018
Waiver of Privilege-Protected Email Communications by Voluntary Disclosure:
The “Common Interest” Exception
by Spencer Tanner
On a macro level, the discovery process provides a litigant with a number of devices (i.e., interrogatories, requests for production of documents and admissions, depositions) to compel disclosure of information from another person. In federal court,…
June 19, 2018
Where is your smartphone? Chances are it is in your hand right now, displaying this article on its screen. We use smartphones today more than we use any other digital device. In 2015, a study released by Deloitte1 reported that Americans collectively were checking their smartphones around 8 billion times per day.2 In 2017, Deloitte reported that individual Americans check their phones…
June 19, 2018
Preservation of Mobile Device Data in Anticipation of Litigation
By: Sarah A. Phipps
Where is your smartphone? Chances are it is in your hand right now, displaying this article on its screen. We use smartphones today more than we use any other digital device. In 2015, a study released by Deloitte reported that Americans collectively were checking their smartphones around 8 billion times per day. …
June 19, 2018
As America’s opioid crisis endures, the procurement of substance use disorder data has become an increasingly common element of litigation and discovery. A Substance use disorder is defined as a cluster of cognitive, behavioral, and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems such as impaired control, social…
October 24, 2018
The European Union’s1 General Data Protection Regulation (“GDPR”),2 effective May 25, 2018, has created a shift in data privacy regulation. As the economy has become more globalized, political officials in EU member nations are concerned that their citizens’ personal data has been exploited without their knowledge or approval by companies around the world.
What is the GDPR?
Adopted in April 2016,…
October 24, 2018
Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.
The General Data Protection Regulation Reaches Far Beyond the EU
The European Union’s General Data Protection Regulation (“GDPR”), effective May 25, 2018, has created a shift in…
October 24, 2018
Data breaches are a serious risk, and organizations should allocate resources to prevent them. However, although extremely important, a company should consider more than prevention alone. Businesses allocate significant resources to prevent accidents, disasters, and other undesirable events, including data breaches. However, such events inevitably still happen. For this reason, organizations must…
September 27, 2018
Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.
Are an Employee’s Text Messages Discoverable?
Today, as more and more business is conducted on handheld mobile devices, companies responding in litigation to discovery requests…
September 27, 2018
Today, as more and more business is conducted on handheld mobile devices, companies responding in litigation to discovery requests must be cognizant of whether their employees’ devices should be preserved and collected to review for electronically stored data. As a general matter, to be discoverable, a document must be within the control of the party from whom the request is made. While there are…
August 22, 2018
The Bankruptcy Code permits a bankruptcy debtor (or a bankruptcy trustee standing in the debtor’s shoes) to sue creditors to recover transfers made by the debtor within the 90-day period before the bankruptcy case was filed, commonly referred to as the “preference period.”1 Clients often think it is unfair to be required to give back a transfer that they rightfully received from the debtor in…
August 22, 2018
Consumer DNA testing services have surged in popularity in recent years. One report estimates that the market could triple in value from $99 million in 2017 to $310 million by 2022.1 Companies like 23andMe, AncestryDNA, Family Tree DNA and MyHeritage provide direct-to-consumer genetic testing services for individuals interested in learning about and exploring their DNA.
With direct-to-consumer…
August 22, 2018
Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.
Best Practices to Minimize Exposure to Bankruptcy Preference Actions
The Bankruptcy Code permits a bankruptcy debtor (or a bankruptcy trustee standing in the debtor’s shoes) to…
July 25, 2018
Waiver of Privilege-Protected Email Communications by Voluntary Disclosure:
The “Common Interest” Exception
by Spencer Tanner
On a macro level, the discovery process provides a litigant with a number of devices (i.e., interrogatories, requests for production of documents and admissions, depositions) to compel disclosure of information from another person. In federal court,…
June 19, 2018
Where is your smartphone? Chances are it is in your hand right now, displaying this article on its screen. We use smartphones today more than we use any other digital device. In 2015, a study released by Deloitte1 reported that Americans collectively were checking their smartphones around 8 billion times per day.2 In 2017, Deloitte reported that individual Americans check their phones…
June 19, 2018
Preservation of Mobile Device Data in Anticipation of Litigation
By: Sarah A. Phipps
Where is your smartphone? Chances are it is in your hand right now, displaying this article on its screen. We use smartphones today more than we use any other digital device. In 2015, a study released by Deloitte reported that Americans collectively were checking their smartphones around 8 billion times per day. …
June 19, 2018
As America’s opioid crisis endures, the procurement of substance use disorder data has become an increasingly common element of litigation and discovery. A Substance use disorder is defined as a cluster of cognitive, behavioral, and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems such as impaired control, social…
