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.
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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.
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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.
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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.
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