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LitSmart® E-Discovery is your partner in high stakes e-discovery matters. Our collaborative team of attorneys, paralegals, project managers and data analysts is dedicated to providing personalized solutions to your e-discovery, information governance and privacy needs throughout the world with a focus on security, defensibility, efficiency and controlling costs.

See Our Comprehensive Approach
See Our Comprehensive Approach

LitSmart E-Discovery

Don’t just litigate. LitSmart®! See how our award-winning team at LitSmart® leverages decades of experience in complex litigation, e-discovery and project management with best of breed technology in-house to provide comprehensive solutions that are superior to technology vendors or traditional law firms. Our team is the choice for savvy, streamlined and smart e-discovery.

  • GDPR Map
    Legal Updates

    Reluctance to Follow Salt River

    In 2019, I co-authored an article published by the American Bar Association regarding the future of U.S. pretrial discovery involving European Union data following the decision by the United States District Court for the District of Arizona in Salt River Project Agricultural Improvement & Power District v. Trench-France SAS, 303 F. Supp. 3d 1004 (D. Ariz. 2018). The article concluded that Salt River represented a potential watershed moment promoting the application of a foreign mechanism to U.S. discovery overseen by a foreign discovery master under the Hague Convention, as opposed to U.S. courts’ typical deference to domestic discovery practices. Recently, however, I was involved in a matter which demonstrated that state courts may be reluctant to follow Salt River’s lead.

  • Gates
    Legal Updates

    So, Are the Gates Up or Down?: Liability under the Computer Fraud and Abuse Act in Van Buren v. United States and Your Business

    Seeking to resolve a split among the Circuits “regarding the scope of liability under the [Computer Fraud and Abuse Act]’s “exceeds authorized access” clause, the Supreme Court granted certiorari to the appeal of Robert Van Buren, a former Georgia police sergeant whose criminal conviction for violating the act was upheld by the Eleventh Circuit in 2019. Under the "gates-up or gates-down" threshold established by the Court's opinion, the access to information relevant to the question of civil or criminal liability under the CFAA is defined by IT permissions. Specifically, the question is now what files or folders within a computer system is an authorized user allowed to access and did that user exceed that authorized access? 

  • Cyber
    Legal Updates

    New Federal Cybersecurity Guidelines – How Does Your Organization Stack Up?

    In the wake of recent cybersecurity incidents of historical significance on May 12, 2021, President Biden issued an executive order to improve the federal government’s efforts to “identify, deter, protect against, detect, and respond” to cybersecurity incidents.

    President Biden’s executive order is far more comprehensive than past government efforts in the realm of cybersecurity, nevertheless the government has also used this moment as a call to action for the private sector to step up its game. After all, a significant chunk of our critical infrastructure is owned and operated by private entities.