Courts have consistently exercised discretion when allowing discovery in foreign proceedings under the 1782 discovery statute. A foreign tribunal or interested party in a foreign proceeding must petition the appropriate district court while satisfying jurisdictional and other requirements.
Throughout the years, eDiscovery practices and processes have significantly evolved. Technological advancements, changing laws, and regulatory demands have created trends that all eDiscovery teams must be up to date on.
The eDiscovery process is complicated, with ample opportunity for errors. Mistakes can be caused by poor identification, preservation, and collection processes; inadequate review; or incomplete production. Even in the best situations, mistakes will happen.read more
On June 22, the U.S. Supreme Court ruled that police usually need a search warrant before trying to track a person’s movements using cellphone data, even though the data is in the hands of a third party. In a 5-4 decision in Carpenter v. United States, the court upheld an apparent widening of privacy rights in the digital age.read more