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- Title
NEW LEGAL PROBLEMS, OLD LEGAL SOLUTIONS: BAILMENT THEORY AS THE BASELINE DATA SECURITY STANDARD OF CARE OWED TO AN OPPONENT'S DATA IN E-DISCOVERY.
- Authors
LAROSA, WILLIAM
- Abstract
The article suggests a baseline standard of care that should be owed by a receiving party in discovery to protect the electronic data of the producing party. Topics discussed include the U.S. the Supreme Court's holding in case "Seattle Times Co. v. Rhinehart;" the ownership rights over data do not transfer to the receiving party in discovery; and bailment liability to electronic information in data security breach cases.
- Subjects
UNITED States; DISCOVERY (Law); DATA security failure laws; ELECTRONIC discovery (Law); SEATTLE Times Co.; BAILMENTS
- Publication
University of Pennsylvania Law Review, 2019, Vol 167, Issue 3, p775
- ISSN
0041-9907
- Publication type
Article