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.

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.