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28 U.S. Code Section 1782(A) provides that an individual or entity that resides or is found in a jurisdiction may be ordered to produce documents or give testimony for disputes before foreign or international tribunals, so long as that person or entity is in possession or control of relevant evidence. U.S. courts are split on what is required to show “control” of documents, but generally apply either the “legal right standard” or the “practical ability standard.” Under the legal right standard, a party is deemed to have control over documents possessed by others only if the party has the legal right to obtain them. The practical ability standard is broader, expanding the definition of control to include instances where a party has the practical ability to obtain the documents sought, regardless of that party’s legal right to the documents.
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Privacy Risk Management & Data Minimization
By Therese Craparo and Sarah Bruno
Many organizations — from growing start-ups to mature, well-established companies — are struggling with the new reality of what it means to manage data in an era of digital transformation, exponential data growth, and expanding regulatory regimes focusing on data management and minimization.
Digital Dibs: Rival Views of Generative AI Copyrights
By Greg Moreman
GAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape’s framework by posing a simple question: Who authored the material? We’ll explore how two countries are answering this question in different ways.
Empowering Legal Professionals: Navigating AI Solutions for Efficiency and Data Security
By Michael T. Murray and Tony Donofrio
Integrating AI tools into legal practice without compromising the security of sensitive client information is a paramount concern. In this article, we’ll examine how AI is revolutionizing certain aspects of legal work, while offering best practices for employing these technologies and providing guidance for legal professionals in selecting the right AI products and service providers.
Pitfalls In Personal Device Data Collection
By Marjorie Peerce and Marguerite O’Brien
The increasing frequency of “bring your own device” policies creates serious implications for subpoena recipients and litigants to ensure compliance with discovery demands. And courts across the country consider such personal mobile data fair game. To avoid pitfalls —and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
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