2018 continued a trend of significant vendor consolidation in the e-discovery and information governance space, return to form in delaying the time to answer the complaint and in triggering other discovery options after a motion to dismiss is filed under the Northern District of Illinois’ Discovery Pilot Program and a growing conversation around BYOE (Bring Your Own Email) versus BYOD (Bring Your Own Device). However, the most significant events of 2018 involved the implementation and enactment of the General Data Protection Regulation (“GDPR”) by the EU; passage of the US Clarifying Lawful Overseas Use of Data Act (the “CLOUD Act”), mooting Microsoft’s challenge to the extraterritorial application of the Stored Communications Act in the Supreme Court; and the continued grappling by US courts and litigants on how to apply the 2015 Amendments to the Federal Rules of Civil Procedure.
Each of these three seminal topics was discussed in Mayer Brown’s Electronic Discovery & Information Governance Practice Tips of the Month series in 2018 and are recapped below. We begin with the enactment of GDPR in May 2018 and the initial investigations and fines issued. Next, we move to the CLOUD Act and its implications on cross-border seizure of data. Finally, we discuss the renewed focus on proportionality and further consideration of defensible disposition as a consequence of changes to Rule 37(e) as part of the 2015 Amendments.
GDPR Comes to Life. In 2019 individual EU member states will continue to flex GDPR muscle as they will likely go after larger and more well-known companies.
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Tagged in: data privacy