Increasing oversight of tech companies, particularly in the realm of consumer privacy, has been a rare example of bipartisan agreement. Despite data privacy being a growing concern for consumers, however, there has been relatively little federal policymaking. To counteract this lack of action, some states have stepped in to fill this void—and have enacted policies that could have large impacts on how businesses operate. The rapid rate at which these laws are being enacted – eleven have been enacted– indicates states are taking an increasingly protective view of consumers’ data privacy. Businesses need to be prepared to comply with these new mandates, or risk costly enforcement measures.
Changes to Rules Governing Expert Testimony Imminent
Last month, the Advisory Committee on Evidence of the Judicial Conference of the United States’ Committee on Rules of Practice and Procedure voted to unanimously to recommend certain amendments to Federal Rule of Evidence 702, which governs the admissibility of expert witness testimony. This vote signals imminent changes that could significantly affect federal practitioners’ requirements to demonstrate their experts’ reliability.
Recent Change to New York’s Hearsay Law Could have Implications for Workplace Litigation
New York’s unique approach to evidentiary procedure – and specifically, its rules governing admissions by a party opponent’s agent – have frustrated litigators for years. Recent changes to New York’s rules on civil procedure, however, have brought the state’s approach to hearsay more in line with the standard set by the Federal Rules of Evidence. These changes could significantly impact future litigation, especially disputes centered on workplace conduct.