New EU-US Privacy Shield

On February 2, 2016, the European Commission announced that it had reached an agreement in principle with the United States on a new framework for data transfers.   This new EU-US Privacy Shield is necessary because of the October 2015 Court of Justice of the European Union decision which invalidated the Safe Harbour arrangement (discussed in further depth in this previous article).   On February 29, 2016, the European Commission released a draft “adequacy decision” and the legal text for the new agreement. The adequacy decision establishes that the safeguards under the Privacy Shield will offer equivalent data protection standards

Crystal O’Donnell’s EDRM interview

A recent interview of Crystal O’Donnell, Founder and President of Heuristica, can be found on the website of the Electronic Discovery Reference Model (EDRM). In the interview Crystal discusses the unique approach that Heuristica takes to e-discovery, her involvement with Sedona Canada, and differences between Canadian and American procedural rules relating to electronically stored information.

Privilege Risks and Electronic Discovery

On December 2, 2015, Chief Justice Rossiter of the Tax Court of Canada ruled on the Crown’s motion in CIBC v. The Queen[1] regarding, among other things, CIBC’s privilege claims and the adequacy of CIBC’s Schedule B with respect to electronic data.   The Crown’s motion related to CIBC’s appeal relating to its claim to deduct $3 billion in settlement payments, interest on the payments, and related legal expenses from its business income for the 2005 and 2006 taxation years. The Minister of National Revenue denied the deductions. From an eDiscovery perspective, there are two interesting issues from the ruling,