Preserving Ephemeral Evidence in E-Discovery
Sponsored by OpenText + Caralyst
What do Google’s Gmail Confidential Mode, Snapchat, Confide, Wickr and Telegram have in common? They are all sources of disappearing data—that is, ephemeral or transient data, messages and other data that self-destruct within a particular time (ranging from minutes to days) after the message has been viewed. Because the content disappears, the use of these messages may elude regulatory retention requirements and other corporate retention programs—and undoubtedly present a difficult challenge when that data needs to be preserved when a legal hold arises.
Our speakers will address legal and practical considerations around disappearing data in a preservation context. Key topics will include:
- How new guidance on legal holds from the Sedona Conference addresses the increasing business use of “transient or ephemeral data”
- Guidance from recent cases involving ephemeral data, including Waymo v. Uber
- Ethical obligations to preserve ephemeral data under the new Rules of Professional Conduct
- Understanding ephemeral data preservation obligations in light of some court rulings around the discoverability of certain types of impermanent data (e.g., deleted, slack fragmented, temporary Internet files, etc.)
- Data privacy considerations
Registrants will receive links to the new guidelines, The Sedona Conference Commentary on Legal Holds, Second Edition: The Trigger & The Process (Dec. 2018) and Catalyst’s Legal Hold Handbook. FREE!
Total Credits: 1.00 unit General
Online
May 8, 2019, 10:00 a.m. PT
