Duly Noted

Warner releases third annual Data Solutions Whitepaper focusing on data security and eDiscovery mishaps

Michigan attorneys need to focus more on eDiscovery best practices, including preserving social media posts and avoiding boiler plate objections, according to the Third Annual Data Solutions whitepaper from Warner Norcross + Judd LLP.

The 16-page whitepaper focuses on the top cybersecurity and privacy stories, the biggest eDiscovery mistakes and the top 10 data breaches of 2017. It also provides insight into new and upcoming changes to the law.

“Last year, nearly 1.7 billion individuals had personal data stolen in the top 10 largest breaches in our country,” said Jay Yelton, a partner at Warner and co-chair of the firm’s Data Solutions Practice Group. “As the amount of data that companies generate and collect continues to accelerate, the risks associated with that data also accelerate – from data breaches to the risk of expensive disclosures in litigation.

“Businesses and organizations can benefit from these insights as they take into consideration the exposed risks associated with the increase in data collection and generation, particularly when it relates to eDiscovery.”

The whitepaper covers topics and trends in eDiscovery, information governance and data security, reviewing legal opinions and case studies highlighting costly data breach and eDiscovery mishaps. To help explain the biggest developments in eDiscovery law and practice in 2017, attorneys at Warner referred to the Exterro Fourth Annual Federal Judges Survey, which asked judges about proportionality claims and legal hold processes for preserving new data types, among other concerns.

Highlights of the report include:

—A recommendation that attorneys develop or modify legal hold processes for preserving new data types, particularly social media, instant messages, mobile data and text messages

—A detailed explanation on why the use of boiler plate objections is riskier than ever

—An update on the State Bar of Michigan’s modifications of the state’s discovery rules, which are due to be released this year

Other important topics covered by the whitepaper are the ethical duty of technology competence, which has been adopted by more than half of the United States, and recent amendments to the Federal Rule of Evidence 902, which provide stipulations for certain documents and their ability to be self-authenticating.

To read the whitepaper, visit wnj.com/WarnerNorcrossJudd/media/files/uploads/Documents/2018-Data-Solutions-Whitepaper.pdf