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|Electronic Discovery & Information Governance - Tip of the Month: Proposed Amendments to the US Federal Rules of Civil Procedure|
Michael D. Battaglia, Eric B. Evans, Michael E. Lackey, Kim A. Leffert, Edmund Sautter; Mayer Brown LLP;
February 26, 2015, previously published on December 31, 2014On September 16, 2014, the Judicial Conference of the United States approved several proposed amendments to the Federal Rules of Civil Procedure. The revised rules, now pending before the Supreme Court and to be transmitted to Congress, will take effect on December 1, 2015, absent some...
|Tip of the Month: Staying Informed About State Data Breach Laws|
Rebecca S. Eisner, Kim A. Leffert, Lei Shen; Mayer Brown LLP;
September 1, 2014, previously published on August 29, 2014 A growing consumer products company is expanding its sales from brick and mortar stores to the Internet. The general counsel, who is charged with overseeing information governance at the company, is interested in keeping abreast of state data breach laws as the company grows and expands into new...
|Electronic Discovery & Information Governance - Tip of the Month: Preserving Electronically Stored Information When Employees Depart|
Anthony J. Diana, Kim A. Leffert; Mayer Brown LLP;
April 2, 2014, previously published on March 31, 2014A large company has reorganized its operations and plans to terminate or reassign a number of employees. The company’s head of litigation knows that some of the affected employees are subject to a litigation hold and wants to ensure that data is not lost or misplaced as a result of employees...
|Electronic Discovery & Information Governance - Tip of the Month: Social Media E-Discovery|
Anthony J. Diana, Kim A. Leffert, Richard E. Nowak; Mayer Brown LLP;
February 5, 2014, previously published on January 31, 2014A large corporation has been sued by former employees who allege that their supervisors harassed them and made inappropriate remarks in the workplace and on social media. During discovery, the corporation receives a document request for the supervisors’ social media postings, emails and...
|The Use of Search Terms|
Michael H. Bornhorst, Eric B. Evans, Kim A. Leffert; Mayer Brown LLP;
November 29, 2013, previously published on November 26, 2013A large corporation has been sued on behalf of a putative nationwide class. As discovery begins, in-house counsel is concerned about the cost and time involved in collecting, reviewing and producing the relevant emails, shared documents and other electronically stored information (ESI) throughout...
|Electronic Discovery & Records Management - Tip of the Month: E-Discovery In The European Union|
Mark C. Hilgard, Kim A. Leffert, Edmund Sautter; Mayer Brown LLP;
November 5, 2013, previously published on October 31, 2013An international banking organization with offices in both the United States and France is sued in the United States for fraud. Much of the data relevant to the United States litigation is located on centralized servers in France, although the data can be accessed by individuals in the United...
|Recent Developments In State “Wage Theft” Prevention Statutes|
Marcia E. Goodman, Kim A. Leffert, Alexandra L. Newman, John Zaimes; Mayer Brown LLP;
September 10, 2013, previously published on September 9, 2013US states have long had wage-payment statutes on their books that establish the frequency and method by which private employers must pay wages due to their employees. Such statutes typically require employers to pay wages and tips accruing to the employee on a regular payday, which generally occurs...
|Electronic Discovery & Records Management - Tip of the Month: E-Discovery in Employment Litigation|
Anthony J. Diana, Kim A. Leffert, Alexandra L. Newman; Mayer Brown LLP;
July 3, 2013, previously published on June 28, 2013The general counsel of a manufacturing company has received a complaint filed by an employee alleging employment discrimination and harassment on the basis of race and sex. The potential amount of damages is unknown at this point, and the general counsel seeks to minimize the costs of preserving,...
|E-Discovery of Audio Data - What is Considered Reasonable?|
Ethan A. Hastert, Kim A. Leffert, Edmund Sautter; Mayer Brown LLP;
June 6, 2013, previously published on May 31, 2013A series of trades engaged in by a financial services company employee have become the subject of regulatory interest and private litigation. The company’s primary regulator has requested that the company “[p]roduce copies of all recordings and or audio files of conversations or...
|Cloud Computing and Data Privacy|
Michael E. Lackey, Kim A. Leffert, Patrick M. Tierney; Mayer Brown LLP;
January 2, 2013, previously published on December 28, 2012A 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. The general counsel of the multinational company is concerned about data privacy and data protection both in the United...