Tag Archive for: litigation

Special Masters in Social Media Litigation

Using Special Masters in Social Media Litigation to Streamline Discovery: Navigating the complexities of these cases

Using Special Masters in Social Media Litigation to Streamline Discovery: Navigating the complexities of these cases

Insights

ALM

 

Using Special Masters in Social Media Litigation to Streamline Discovery: Navigating the complexities of these cases

 

February 21, 2024

 

By Daniel B. Garrie, Esq.

There has been an explosion of litigation in recent years related to the potentially life-threatening effects of social media usage among adolescents. Hundreds of cases have been filed in state and federal courts, many of which have been consolidated into multidistrict litigations or otherwise consolidated within state court departments. One such example in California state court is, in which the court recently overruled Snap’s demurrer on claims that Snap’s conduct in designing and implementing its social media platform, Snapchat, resulted in the foreseeable deaths of plaintiffs’ children, who overdosed on fentanyl.

Litigations involving social media can be complex and highly technical. Such cases often involve collecting and analyzing large amounts of data from social media websites and apps. This can present challenges for the lawyers and judges involved, as they may not be familiar with social media platforms and managing the unique types of data generated and stored on these platforms. Engaging a discovery special master can help streamline discovery in social media litigations to ensure that the right data is collected as efficiently as possible.

Social media repositories present unique issues for the discovery process. For instance, the repositories that hold a user’s social media data are controlled by a third party (e.g., Meta, X, Snap, etc.). Obtaining a user’s data typically requires the user to download their information using the application at issue. However, this download will only capture a snapshot of the user’s data at the time of the download. This means that any subsequent changes to a user’s social media data that occur after the download would not be captured by this snapshot.

To read the full article, go to ALM

Guide to Data Breaches, Cybersecurity Regulation, and Ensuing Litigations

Guide to Data Breaches, Cybersecurity Regulation, and Ensuing Litigations

Guide to Data Breaches, Cybersecurity Regulation, and Ensuing Litigations

Webinar

About This Webinar

Description: Overview of the Seminar
In the digital age, data breaches are a growing concern, and cybersecurity is an increasing priority for businesses. This seminar provides a unique blend of legal and technical insights, making it a must-attend for legal professionals seeking to enhance their understanding of cybersecurity and become knowledgeable in the evolving, and sometimes conflicting, cyber regulatory and legal landscape. This webinar is designed as a first step in helping you protect your organization’s interests while managing the ever-evolving digital landscape.

What You Will Learn
Through this seminar, you will gain an understanding of data breaches and the current threat landscape. You will master the basics of cybersecurity, such as the difference between a cyber-attack and a data breach, as well as the internal and external threats organizations face. Next, our speakers will review the current regulatory landscape, including the new SEC Cyber Rules, and explain some of the legal implications of data breaches. You’ll also gain insights from impactful litigation cases following data breaches and cyberattacks and understand the nuances of liability and insurance coverage.

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Brian Kill
    • Senior Vice President & Director, Alliant Specialty Insurance Services
  • Bridget Choi
    • Cyber Insurance Executive
  • Joshua Mooney
    • Partner, Head of Cyber and Data Privacy – US, Kennedys Law

Attending the webinar

If you would like to attend the program, please click this link and add the program to your “Cart.” Please note you may need to click the link twice to reach the webinar’s page.

Virtual Mediations

Zooming Towards Resolution: Guide to Ensuring Success in a Virtual Mediation

Zooming Towards Resolution: Guide to Ensuring Success in a Virtual Mediation

Webinar

About This Webinar

Virtual mediation emerged in response to the outbreak of the COVID-19 pandemic when the world was forced to social distance and work from home for safety precautions. Yet almost three and half years later, virtual mediations have remained commonplace and are preferred by many. Indeed, this practice allows parties to gather irrespective of their location, reducing the cost and time commitment. As a result, access to mediators with subject matter specialties is now more accessible, and key decision-makers and third parties that would have otherwise been unavailable can now easily participate. Virtual mediation is not the solution for every mediation, but it is an effective and cost-reducing option for some. Attorneys seeking to learn more about alternative dispute resolution (ADR) and the critical elements to consider when choosing and participating in virtual mediations will find this webinar a helpful guide for helping clients achieve the best possible outcome.

In this online seminar, our expert panelists begin by reviewing the critical characteristics of mediation, including its stages and the parties involved. Next, our speakers provide context for when parties should choose mediation and its general benefits. The conversation then dives into the topic of virtual mediation specifically and its potential benefits, including flexibility, cost savings, and increased productivity. Our experts then note some of the potential challenges that can arise with virtual mediation, such as technical issues, communication limitations, or confidentiality concerns. The webinar concludes with a review of the best practices to ensure successful virtual mediation from the perspective of mediators and counsel that have represented parties involved in mediations.

Topics covered in this webinar:   

  1. What is Mediation and Why do Parties Choose it?
  2. When and Why Should You Mediate?
  3. What are the Potential Benefits of Virtual Mediation?
  4. What are the Potential Challenges of Virtual Mediation?
  5. Best Practices to Ensure a Successful Virtual Mediation

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Dr. Peter Kamminga
    • Neutral, JAMS
    • Fellow, Harvard Program on Negotiation
  • Hon. Gregory M. Sleet
    • Neutral, JAMS
  • John Libby
    • Partner, Manatt, Phelps & Phillips, LLP

Attending the webinar

If you would like to attend the program, please click this link and add the program to your “Cart.” Please note you may need to click the link twice to reach the webinar’s page.

Technical E-Discovery Neutrals in Litigation

Harnessing the Power of Technical E-Discovery Neutrals in Litigation

Harnessing the Power of Technical E-Discovery Neutrals in Litigation

Insights

Technical E-Discovery Neutrals in Litigation

New York Law Journal

 

Harnessing the Power of Technical E-Discovery Neutrals in Litigation

 

February 2, 2024

 

By Daniel Garrie, Leo M. GOrdon

 

E-discovery processes can be complex given the sheer volume and diversity of digital data, combined with the technical intricacies of data management and retrieval. This is where technical e-discovery neutrals come into play, offering their specialized expertise to manage and streamline e-discovery processes.

The digital age has significantly transformed the legal landscape, particularly in the realm of discovery. Electronic discovery (e-discovery) has emerged as a critical part of modern litigation regarding the identification, collection and production of electronically stored information (ESI). However, e-discovery processes can be complex, given the sheer volume and diversity of digital data, combined with the technical intricacies of data management and retrieval. This is where technical e-discovery neutrals come into play, offering their specialized expertise to manage and streamline e-discovery processes, potentially narrowing disputes and saving significant time and cost.

 

Role of Technical E-Discovery Neutrals

Technical e-discovery neutrals are legal professionals with expertise in both the law and technology. They work to facilitate efficient and cost-effective e-discovery processes by advising parties on technical issues, ensuring compliance with relevant legal standards, and arbitrating disputes over ESI. Their involvement can range from consultative roles to more formal appointments by courts, especially in complex litigation where the e-discovery process might be contentious or technically challenging.

 

To read the full article, go to Daily Journal

Cyber Litigations

Trending Up: Review of Cyber Litigations in 2023 and Going Into 2024

Trending Up: Review of Cyber Litigations in 2023 and Going Into 2024

Webinar

About This Webinar

Today, most businesses know that cybersecurity threats are as much of a technical risk as they are a legal and regulatory one. The consequences of a cyber event are costly, and the proof is in the numbers. The United States, in particular, leads the world in incurring the highest average cost of data breaches, much of which is incurred through customer litigations and regulatory enforcement. In 2023, cybersecurity regulations across all sectors were plentiful, and some defining cyber-attacks, such as the MOVEit data breach, or cases such as Merck Co. Inc. et al. v. ACE American Insurance Co. et al., will have lasting effects on corporate cybersecurity. Looking to 2024 and beyond, knowledge of the past year’s cyber litigations and regulatory developments will enable lawyers to proactively assess risks, develop robust cybersecurity strategies, and navigate the complex landscape of cybersecurity litigation.  

In this seminar, our expert panelists will begin by giving background about cybersecurity and the threat landscape in 2023. Audience members will get a better understanding of the different modes of attack that threat actors may use as well as context into one of the biggest breaches of the year so far. The experts then go on to outline the new and proposed SEC rules related to cybersecurity. They describe the new disclosure requirements as well as the proposed consumer protection rules. The panelists then focus on the defining cybersecurity litigations of 2023, sharing the key insights and lessons to retain from the past year’s events. They conclude by sharing what to expect and prepare for in the future of cybersecurity litigation.

This course is brought to you by the Global Cyber Institute and Thomson Reuters and is nationally accredited.

Topics covered in this webinar:   

  1. Data Breach and Cybersecurity Landscape in 2023 
  2. Tightening of Cybersecurity Regulation: New and Proposed SEC Cyber Rules 
  3. Legal Responses to Digital Threats and Breaches 
  4. Critical Concern for Cyber Litigations in 2024

Speakers:

  • Daniel B. Garrie, Esq.
    • Founder, Law & Forensics
    • Neutral, JAMS
    • Faculty, Harvard University
  • Hon. Thomas Vanaskie
    • Of Counsel, Stevens and Lee
  • Brian Levine
    • Managing Director, Cybersecurity and Data Privacy, Strategy and Transactions, Ernst & Young
  • David Hamilton
    • Managing Counsel, Global Privacy, Fiserv
  • Jeffrey Caso
    • Associate Partner, McKinsey & Company

Attending the webinar

If you would like to attend the program, please click this link and add the program to your “Cart.” Please note you may need to click the link twice to reach the webinar’s page.

 
Ephemeral Social Media in Litigation

Using Ephemeral Social Media In Litigation

Using Ephemeral Social Media In Litigation

News

Ephemeral Social Media in Litigation

Daily Journal

Disappearing and self-destructive messages were a considered a “thing of the future” not too long ago. With technological advancements and the development of new messaging platforms, however, this is now quite a common function. In fact, today ephemeral messaging, a form of communication that lasts a short period of time before disappearing, can be found on various social media platforms. Snapchat, for example, allows users to transmit pictures, videos and messages, for a chosen amount of time (e.g., three seconds), to other users. Once the recipient opens the “snap,” it will automatically self-destruct after the chosen amount of time passes. This technology was embraced by pre-teens and teenagers who could prevent snooping parents from reading their messages. In very short order, lawyers turned their attention to how ephemeral messages could be preserved and authenticated for purposes of litigation.

While ephemeral messaging applications and platforms such as Snapchat are used for communicating information that someone wishes to preserve to withstand potential questions about their authenticity, it raises challenges. So, when you or client receive a snapchat or other message from a disappearing messaging tool, how do you preserve that message?

Screenshots may seem like the obvious answer, but in reality, how reliable is a screenshot? A quick Google search for “fake a screenshot,” will reveal that tutorials and/ or actual screenshot generators abound which allow users to fake text message conversations. On the website “iphonefaketext.com,” for example, it is possible to enter various data values, such as contact name, carrier, message content, and even signal strength. Entering enough detail into this type of fake message generator can result in a very convincing faux screenshot of a conversation.

To read the full article, go to JAMS