XPAN Law Group
Privacy • Discovery • Cyber Security • Data Management
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eDiscovery Series

The Devil's in the Data

Bipartisan Cloud Act introduced in the Senate: What does this potentially mean for data stored overseas?

The debate surrounding overseas storage of data continues.  Last week, Senator Orrin Hatch (R-Utah), co-sponsored by Senators Christopher Coons (D-Del.), Lindsey Graham (R-S.C.) and Sheldon Whitehouse (D-R.I.), introduced the Clarifying Lawful Overseas Use of Data Act, or “Cloud Act”, to create a framework for law enforcement to access data that is stored overseas.  You may recall that a case regarding access to data abroad, under the Stored Communications Act (“SCA”), 18 U.S.C. Chapter 121 §§ 2701–2712, is currently pending in front of the Supreme Court.  

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XPAN Law Group, LLC
Professionalism is the Name of the Game

I was struck today by an article in the New Jersey Law Journal entitled “Lawyer’s ‘Inadvertent’ E-Discovery Failures Led to Wells Fargo Data Breach.” The article tells the tale of an attorney who inadvertently provided Wells Fargo customer information, including personally identifiable information (“PII”), to her adversary in discovery. Apparently, the parties did not have a confidentiality agreement and the documents were not redacted, which violates privacy protection laws (both state and Federal).  

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XPAN Law Group, LLC
Where is the Data Located?

The U.S. Federal Courts are currently struggling with what may seem like a simple question before the internet and cloud computing:  where is the data located? Back in the age of paper, this question was easy to answer.  Yes, there may have been copies.  But for the most part, the definitive answer was:  where the paper is physically located.  

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XPAN Law Group, LLC
eDiscovery as a Sword

We have all seen the cartoon where one character removes the “Beware, Quicksand” sign and another character literally steps in it.  Que the panicked looks, the ominous music and the vain efforts to struggle to get free.  And at the end, the quicksand-trapped character usually provides the audience one last longing look before getting pulled below the surface.

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XPAN Law Group, LLC