On October 16, 2018, the Securities and Exchange Commission issued a report warning public companies about the importance of internal controls to prevent cyber fraud. The report described the SEC Division of Enforcement's investigation of multiple public companies which had collectively lost nearly $100 million in a range of cyber-scams typically involving phony emails requesting payments to vendors or corporate executives.
Client Alert | October 17, 2018
Gibson Dunn lawyers provide an update on major issues, developments and challenges within the world of e-discovery during 2017
Client Alert | January 18, 2018
Orange County partner Gareth Evans is the co-author of "Unfinished Business: A Wish List for New FRCP Amendments," [PDF] published by Legaltech News on December 15, 2017.
Article | December 15, 2017
In contrast with the turmoil in e-discovery several years ago, e-discovery in 2016 was generally on a stable and very positive trajectory. Highlight of the Year: Courts' Application of the Rule Amendments.
Client Alert | January 17, 2017
Orange County partner Gareth Evans is the author of "Wrapping Up 2016: Major Trends, New Rules and Emerging Caselaw," [PDF] published on January 5, 2017 in Bloomberg BNA Digital Discovery & e-Evidence.
Article | January 5, 2017
New York partner Jennifer Rearden and associate Goutam Jois are the authors of "Trends Under Amended Federal Rules of Civil Procedure 37 and 26" [PDF] published on September 15, 2016 by Bloomberg BNA's Digital Discovery & e-Evidence.
Article | September 15, 2016
The e-discovery landscape mid-2016 generally looks much better than it did several years ago. The big development in e-discovery sanctions in 2016 has been courts' implementation of amended Federal Rule of Civil Procedure 37(e), which became effective in December 2015.
Client Alert | August 17, 2016
Orange County partner Gareth Evans is the author of "Rethinking TAR: New Technologies and Strategies Should Bring the Promise Closer to Reality" [PDF] published on December 30, 2015 by Legaltech News.
Article | December 30, 2015
New York partner Jennifer H. Rearden and associate Goutam U. Jois are the authors of "Spoliation Standards Under The New Rule 37(e)" [PDF] published on October 28, 2015 by Law360.
Article | October 28, 2015
Orange County partner Thomas A. Manakides and associate Joseph D. Edmonds are the authors of "Curtailing Retroactive Liability Should Fall To Courts" [PDF] published on October 20, 2015 by Law360.
Article | October 20, 2015
Orange County partner Gareth Evans and New York partner Jennifer Rearden are the authors of "Practical Considerations In Using Predictive Coding" [PDF] published on October 5, 2015 by New York Law Journal.
Article | October 5, 2015
Orange County partner Gareth Evans is the author of "eDiscovery Vendor Developments: A Tale of Two Cities" [PDF] published on August 11, 2015 by Bloomberg BNA.
Article | August 11, 2015
Progress on Some Fronts, But Significant Dangers Remain, and New Dangers EmergeE-discovery remains an incredibly rich and rapidly developing field, as the many developments on which we report from just the first half of 2015 attest.
Client Alert | July 15, 2015
Text messages have been playing an increasingly important role in high profile controversies. It is now more important than ever that companies understand the challenges (and costs) involved in extracting text messages from mobile devices.
Article | June 23, 2015
Orange County partner Gareth Evans is the author of “Technological Incompetence Doesn't Excuse Discovery Failures” [PDF] published in the March 17, 2015 issue of the Delaware Business Court Insider.
Article | March 17, 2015
Concerns about cybersecurity and data privacy have exploded into the public consciousness in recent years, accompanied by a host of new and rapidly developing legal issues.
Client Alert | February 17, 2015
Gibson Dunn partner Gareth Evans is the co-author, with David Grant, a senior managing director at FTI Consulting Technology, of the following White Paper which appears in the current issues of Inside Counsel Magazine and General Counsel Magazine.
Article | January 22, 2015
In our Mid-Year E-Discovery Update, we reported that 2014 was shaping up to be the "year of technology" in e-discovery. The remainder of the year more than lived up to those expectations.
Client Alert | January 20, 2015
Gibson Dunn partner Alexander Southwell, of counsel Eric Vandevelde and Ryan Bergsieker, and associates Stephenie Gosnell Handler* and Adam Chen are authors of the following article published in the January issue of Bloomberg BNA's World Data Protection Report. The team examines, from a legal perspective, President Obama's reinvigorated priorities in cybersecurity and data privacy following years of stalled efforts to pass legislation.
Client Alert | January 20, 2015
New York partner Jennifer Rearden and associate Seema Gupta are the authors of “How Litigants Should Approach Categorical Privilege Logs” [PDF] published in published in the September 22, 2014 issue of New York Commercial Litigation Insider.
Client Alert | September 22, 2014
Orange County partner Gareth Evans is the author of “Tools Let Attorneys Follow the Breadcrumbs” [PDF] published in the September 1, 2014 issue of National Law Journal.
Article | September 5, 2014
Orange County partner Gareth Evans and New York partner Jennifer Rearden are the authors of “2014 Mid-Year eDiscovery Update: Is This the ‘Year of Technology’ in eDiscovery?” [PDF] published in the July 31, 2014 issue of Bloomberg BNA’s Digital Discovery & e-Evidence.Reproduced with permission from Digital Discovery & e-Evidence, 14 DDEE 372, 7/31/14.
Client Alert | July 31, 2014
The developments in the first half of 2014 demonstrate that this is an exciting--and ever more challenging--time to be involved in e-discovery.
Client Alert | July 16, 2014
New York partner Jennifer Rearden and associate Goutam Jois are the authors of "Litigation Legal Holds and 'Bring Your Own Device'" [PDF] published by Bloomberg BNA's Digital Discovery and e-Evidence on April 10, 2014.
Client Alert | April 10, 2014
Orange County partner Joshua Jessen and Los Angeles associate Nathaniel Bach are the authors of "There's No Harm In Asking For Harm Post-Spokeo" [PDF] published by Law360 on February 27, 2014 at www.law360.com.
Client Alert | February 27, 2014
New York partner Alexander Southwell and associate Stephenie Handler are the authors of "NIST Debuts Cybersecurity Framework" [PDF] published in the February 20, 2014 issue of ALM's Law Technology News.
Client Alert | February 20, 2014
San Francisco partner Thad Davis and associate Christine Fujita are the authors of "Current Approaches to Managing Discovery in California Complex Courts" [PDF] published in the February 2014 issue of Corporate LiveWire's Expert Guide - Opportunities & Developments - West Coast USA 2014.
Client Alert | February 3, 2014
Introduction In contrast with prior years, 2013 was notable for the general absence (with at least one exception) of blockbuster cases involving huge sanctions or imposing new e-discovery obligations.
Client Alert | January 15, 2014
Orange County partner Gareth Evans and associate Danielle Serbin are the authors of "Technology: To image or not to image, that is the question" [PDF] published in the January 10, 2014 issue of Inside Counsel.
Client Alert | January 10, 2014
Orange County partner Gareth Evans is the author of "Technology: Self-collection is not always the fox guarding the henhouse" [PDF] published in the December 27, 2013 issue of Inside Counsel.
Client Alert | December 27, 2013
Orange County partner Gareth Evans is the author of "Perils of E-Discovery Reflected in Sanctions Opinion" [PDF] published in the December 20, 2013 edition of ALM's Law Technology News.
Client Alert | December 20, 2013
Orange County partner Gareth Evans and Los Angeles associate Lauren Eber are the authors of "Technology: Auto-delete and the not-so-safe harbor" [PDF] published in the December 13, 2013 edition of Inside Counsel.
Client Alert | December 13, 2013
Orange County partner Gareth Evans is the author of “Technology: Your company’s legal hold obligations may not be a Dr. Seuss story” [PDF], published in the December 6, 2013 edition of Inside Counsel.
Client Alert | December 6, 2013
Orange County partner Gareth Evans is the author of “Chancery Provides Framework for ESI Discovery, Preservation” [PDF] published in the November 20, 2013 issue of Delaware Business Court Insider.
Client Alert | November 20, 2013
Orange county partner Gareth Evans is the author of "Technology: Embracing the use of mobile devices in e-discovery" [PDF], published in the November 15, 2013 issue of Inside Counsel.
Article | November 15, 2013
Orange County partner Gareth Evans and Los Angeles associate Lauren Eber are the authors of “Technology: Is Instant Messaging the Next Email?” [PDF] published in the November issue of Inside Counsel.
Client Alert | November 1, 2013
As we have seen in 2012 and now in 2013, the attention paid to cyber-security has reached new heights--hacking, data privacy, and cyber-espionage have continued their prominence in daily headlines, but cyber-security took on unprecedented importance when President Obama focused on it in his State of the Union address. Announcing a new executive order to increase sharing of critical cyber information and calling for legislative action to protect our networks and data, President Obama explained:America must also face the rapidly growing threat from cyber-attacks.
Client Alert | April 16, 2013
Denver partner Robert Blume and associates John Partridge and Tafari Nia Lumumba are the authors of “In-House Search Warrant Checklist” [PDF] published in the March 4, 2013 issue of Law Week Colorado.
Client Alert | March 4, 2013
Moving Beyond Sanctions and Toward Solutions to Difficult ProblemsIntroductionIn our prior electronic discovery mid-year and year-end reports, the lead story was sanctions, as numerous decisions imposing onerous penalties for real or perceived e-discovery failures caught the attention of the legal community.
Client Alert | January 14, 2013
New York partner Jennifer Rearden and associate Sharon Grysman are the authors of “Chancery Court in Brookstone Underscores Primacy of Comity and Efficiency” [PDF] published in the December 27, 2012 issue of the Delaware Business Court Insider.
Client Alert | December 27, 2012
New York partner Jennifer Rearden and associate Darcy Harris are the authors of “Growing Trend Favors Disclosure of Witnesses' Identities” [PDF] published in the Fall 2012 issue of the ABA's Section of Litigation - Securities Litigation.
Client Alert | December 6, 2012
Dallas partner Karl Nelson and associate Michael Sukenik are the authors of "Law Firms and Cyber Security: A Titanic Risk" [PDF] published in the August 2012 issue of the Internet Law & Strategy Newsletter.
Client Alert | August 1, 2012
Brussels partner David Wood is the author of "Searching questions: Freedom of expression, competition and search engines" [PDF] published in Competition Law Insight on June 12, 2012.
Client Alert | June 12, 2012
London associate Kristy Grant is the author of “Protect or participate?” [PDF] published in Legal Week on May 11, 2012.
Article | May 11, 2012
New York partner Jennifer Rearden and Los Angeles associate Brooke Myers Wallace are the authors of "Non-Party...Party? When it Comes to Deleted ESI, Is There a Difference Anymore?" [PDF] published in the April 26, 2012 issue of Bloomberg/BNA's Digital Discovery & e-Evidence Report.
Client Alert | April 26, 2012
On February 23, 2012, the Obama Administration unveiled a new framework for protecting privacy and promoting innovation on the internet and in the digital economy ("Framework"). The Framework consists of five key elements: (1) a Consumer Privacy Bill of Rights ("Bill of Rights") that sets out seven basic principles; (2) a process to develop more detailed sector-specific opt-in codes of conduct ("Codes of Conduct"); (3) enforcement powers for the Federal Trade Commission ("FTC") to enforce both the Bill of Rights and Codes of Conduct (when a company opts to abide by a Code of Conduct); (4) a national standard for security breach notification; and (5) greater global interoperability.
Client Alert | February 24, 2012
The pace of data privacy and security legal events accelerated in 2011, as the global economy became increasingly dependent on online, mobile and server-based platforms and networks.
Client Alert | February 7, 2012
On Wednesday, January 25, 2012, the European Commission released its proposed new regulation which will replace and update the outdated Data Protection Directive 95/46/EC (the "Directive"). The existing Directive has governed data privacy in the EU for approximately 17 years and was enacted at a time when the privacy issues faced today from the proliferation of the internet, cloud computing, social networks and global outsourcing could hardly be imagined. Whilst businesses may welcome the proposal to replace the existing patchwork of laws with a single law that will apply across Europe, the new regulation will also introduce additional new rights for employees, consumers and users across Europe, creating new challenges for companies subject to the regulation.
Client Alert | January 31, 2012
San Francisco partner Austin Schwing and associate Matthew Kahn are the authors of "The Perils of Collecting Information at the Register" published on the ABA's Class Actions & Derivative Suits Committee website on September 8, 2011.
Client Alert | September 8, 2011
On July 13, 2011, the EU's Data Protection Working Party issued its Opinion 15/2011 on the definition of Consent (the "Opinion"), providing a thorough analysis of the concept of consent in EU Data Privacy law, and in particular in Directive 95/46/EC on the protection of individuals with regard to the processing of personal data (the "Data Protection Directive") and Directive 2002/58/EC, as amended by Directive 2009/136/EC, concerning the processing of personal data and the protection of privacy in the electronic communications sector (the "e-Privacy Directive").Even though consent has always been a key notion in EU Data Protection law (in particular, it is one of several legal grounds enabling the processing of personal data under the Data Protection and e-Pri
Client Alert | August 8, 2011