Information Filled Under 'Electronic Discovery' Category
Can Addressing eDiscovery Lead to Better Litigation Win Rates? Wednesday, September 8th, 2010
In reading the morning’s headlines, an interesting statistic stood out to me – 51% of lawyers have lost a case in the last 3 months alone because of eDiscovery problems. The source of this data is not clear, but it came through the Twitter feed of Symantec’s Enterprise Vault team. Taking the stat at face value, it’s astounding – eDiscovery problems as the cause of a lost case
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Can Addressing eDiscovery Lead to Better Litigation Win Rates?
Cloning a computer hard drive is a significant tool that should not be overlooked when seeking to uncover electronically stored information. However, a motion seeking to clone an opposing party’s hard drive may likely only be successful upon demonstrating that the information sought could not be obtained any other way
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Courts Still Wary of Hard Drive Review Requests
Although many companies have developed written protocols for evaluating the risk associated with a new suit, they infrequently use case assessment as a systematic process to manage litigation. Typically, companies will perform a preliminary case analysis shortly after the suit is filed but will rarely consult the assessment later in the case. Changing this can help in-house counsel better manage litigation and keep costs down.
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Ongoing Case Assessment a Tool to Manage Litigation
The challenge of processing digital information has caused lawyers to lose a case or to be fined or sanctioned in the last two years. A survey of 5,000 lawyers across EMEA by Symantec found that they are struggling to manage the vast amounts of electronically stored information that play a vital role as evidence in legal matters across the EMEA region.
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Difficulties producing ‘digital evidence’ cause lawyers to lose cases
Online networking has uses in schools as long as it’s not personal, some say After people meet in the real world, their next step is often a visit to the virtual one, where they’ll make a “friend” request on Facebook or MySpace. But that can create a dilemma for teachers who get such requests from students, especially in Broward and Palm Beach counties, which have no written social media policies. “I don’t want to see the nonsense they write,” quipped Wendy Peale, a language arts teacher at Falcon Cove Middle School in Weston, before getting serious.
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S. Florida districts weigh policy for teachers using social media
German authorities have recently expressed skepticism about cloud computing and the potential it has for breaking data protection laws. According to the Information Law Group, there is no imminent danger of a European crackdown but legal experts are advising international companies to address the potential concerns in their planning and operations. The controversy stems from Dr.
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No Crackdown but Questions in Europe About Data Protection and the Cloud
Plenty of firms cut tech spending during the recession. Now they’re paying a price in associate esteem In the midst of a recession, should firms cut back on technology investment to conserve cash or ramp up spending to win a competitive advantage when the economy turns around?
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Associate Tech Survey 2010: Less Tech Lowers Morale
Google on Friday said that the Texas Attorney General’s Office is conducting an antitrust review of the search giant, following a similar investigation launched in Europe earlier this year. The attorney general’s office has asked Google for information regarding Foundem, SourceTool/TradeComet and myTriggers, each of which have complained in the past that Google pushed them down its search rankings or reduced their appeal to advertisers. As it did during the initiation of the European Commission antitrust investigation, Google on Friday highlighted connections between the complainants and Microsoft
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Texas Conducting Antitrust Review of Google
Research just issued claims that 88% of the FTSE 100 are at risk of litigation due to their susceptibility to a number of risk factors, including the move into what Zylab calls ‘new channels’ of communication. These new channels, Infosecurity notes, are social networking sites and other web 2.0 services – and, says Zylab, which describes itself as a provider of e-discovery and information management systems, almost a quarter (24%) of companies in the energy, travel and pharmaceutical industries were found to be `high risk.’ According to Zylab, energy companies in the FTSE 100 scored the highest risk rating, averaging 7.75 out of 10, closely followed by travel (7.5) and pharmaceutical companies (7.5), partly driven by the heightened risk of providing consumer services and products and operating in an environmentally sensitive area, which was only recently demonstrated by BP being sued £3 billion for the Gulf of Mexico oil spill.
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Companies open to risk of litigation due to Web 2.0 technology
AUSTIN, TX–(Marketwire – August 10, 2010) – IE Discovery, a leading provider of comprehensive Discovery Management solutions to the legal community, announced today it has acquired a majority interest in eDirect Impact. The investment will provide eDirect Impact with additional funding for development of its market-leading discovery workflow management technology, eManage. In addition to its equity stake, IE Discovery has an exclusive license to deploy eManage workflow management technology in the corporate and government markets
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IE Discovery Invests in Discovery Workflow Provider eDirect Impact
In this extensive analysis involving a trade secret and restrictive employment agreement case, the Court found no basis to issue…
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New York Court Denies Preliminary Injunction in Trade Secret Case Involving a Lost Thumb Drive
The current plight of media freedom heresy has been on the lips and fingertips of many a journalist over the past few weeks. How does this extend into social networks? What are the rights of social media users, and what can brands do to protect their own rights?
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What right do businesses have being in social media platforms?
When I speak to e-discovery experts of all kinds about preservation, be they law firm lawyers, big or small, in-house corporate counsel, government lawyers, scholars and academics, insurance company lawyers, paralegals, lit-support, vendors, or technology gurus, they all have a common refrain. They all lament about the murky issue of when a duty to preserve is triggered.
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Good News? Bright Line Emerges on When To Pull Lit-Hold Triggers
In 2001, Jessica Bair was serving as an expert computer forensic examiner in a statutory rape case being prosecuted largely on the basis of digital evidence. As is common in such cases, the defense challenged the validity of the computer files by attacking the credibility of her reports and conclusions.
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Computer Forensics Experts, Who’s Your Daddy?
State court rules have been amended in an effort to insure that lawyers are up to speed about their clients’ electronic records at the early stages of discovery. Meanwhile, after 11 years of experimentation with electronic filing, the state has accorded permanent status to the effort and has begun to institute mandatory e-filing in limited areas
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New York Moves Ahead on E-Filing and E-Discovery
The Editor interviews Warwick Sharp , Vice President – Marketing and Business Development, Equivio; Laura Kibbe, Esq., Senior Vice President, eDiscovery Solutions, Epiq Systems; Michael J. Prounis, Chief Executive Officer/Co-Founder of Evidence Exchange; David P. Gaines, Vice President of Security and Compliance, Micro Strategies, Inc.; Richard Cohen, President of RenewData.
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Roundtable: E-Discovery – An Ever-Improving, Revolutionary Development
Harkabi v. Sandisk Corp., 08 Civ. 8203 (WHP) (S.D.N.Y.
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In "’David-And-Goliath-Like’ Struggle for Electronic Discovery", Court Orders Adverse Inference, Monetary Sanctions for Spoliation and Delay
Since the turn of the millennium for personal and business purposes computers have become ‘the most must have contraptions’ and the usage and dependence on the Internet continued to move upwards. 80% of all corporate data is now being stored electronically and allowed to stay in electronic format. Then came the bad news
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Why Do You Need A Computer Forensics Expert Witness
Research In Motion executives are fond of saying that their platform is more secure than other mobile providers. For example, Scott Tzoke, RIM’s VP of Security was recently quoted as saying that BlackBerrys are “secure right out of the box” (meaning that no additional mobile security protection is needed) and that RIM offers enterprises with the most secure mobile computing option thanks to the ability to create security settings for all enterprise users via its BlackBerry Enterprise Server (BES).
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RIM Helps Russia, China Monitor BlackBerry Users’ E-mails
Government agencies are increasingly using social networking sites such as Facebook and Twitter to engage the public, but they will also need to establish a clear, well-defined social media strategy to prevent potential backlash, according to industry watchers. Lawrence Goh, partner of technology architecture at Accenture Southeast Asia, Australia and South Korea, noted that while such social media platforms are a good way of reaching out to the public, governments and civil servants need to exercise caution to ensure the “overall communications strategy and messages” are aligned.
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Govts need well-defined social media strategy
The Editor interviews Beth S. Rose , Member of the firm of Sills Cummis & Gross P.C. and nationally known for her defense of pharmaceutical and medical device companies in complex product liability litigation.
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E-Discovery: Opt For Major Changes Rather Than Tinkering At The Edges Of The Rules
Lawyers for Civil Justice (LCJ), DRI – The Voice of the Defense Bar, the Federation of Defense & Corporate Counsel (FDCC), and the International Association of Defense Counsel (IADC), recently announced strong support for a fundamental review of the Federal Rules of Civil Procedure (FRCP) now underway by the Federal Judicial Conference Rules Committee. A Defense Bar white paper, Reshaping the Rules of Civil Procedure for the 21st Century , was submitted to the recent 2010 Conference on Civil Litigation at Duke Law School.
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Defense Bar Calls For Changes To The Federal Rules Of Civil Procedure Meaningful Amendments Needed To Improve The Administration Of Justice
Computer Incident Response Team is an expert group that handles computer security incidents. Whenever a new technology arrives, it is invariably dogged by misuse like the first worm in the IBM VNET and Morris Worm that hit Internet and paralyzed it. This led to the formation of the first Computer Emergency Response Team at Carnegie
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Does Your Company Have A Computer Incident Response Team (CIRT)?
Around 80 wallpaper apps in the Android Marketplace were found to be sending back data to remote services, according to security firm Lookout According to Lookout, a US-based security firm, more than 80 Google Android wallpaper apps were collecting mobile phone numbers and personal details, including unique subscriber numbers. Many of the apps also “dialled home” to their developers, transmitting unencrypted sensitive data back to remote servers
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Google Android apps ‘collecting personal data’
AIIM has introduced its newest Certificate program focused on best practices for adopting and implementing Microsoft (News – Alert) SharePoint 2010. The SharePoint Certificate program has been developed in partnership with Houston-based Gimmal Group, Inc., a premier Enterprise Content Management and Records Management professional services firm, in response to a growing need by organizations to learn how to apply the necessary strategies and structures to sharing and managing corporate information on the SharePoint 2010 platform. According to Bob Larrivee, director and industry advisor at AIIM, “A recent AIIM study, ’SharePoint: strategies and experiences,’ reveals that governance is sorely lacking in the majority of installations.
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AIIM Develops its SharePoint Certificate Program
Social media is emerging as a cottage industry for electronic evidence. It is now playfully referred to as an electronic “permanent record” in this era of Wikileaks. “It just makes for a beautiful exhibit, and there’s no longer any question about what was said,” says Cassandra Ferrannini, an employment law attorney with the Sacramento law firm Downey Brand.
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Social Media, Permanent Records and eDiscovery
When being sued, one of the excuses that many companies have come fall back on is known as the “IT burden” defense. The basic premise is that locating the information sought by the court puts too much of an e-discovery burden on the company’s IT resources. This defense invariably results in some uncomfortable moments for IT executives because it usually requires them to testify in court about how inept they in managing data
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The End of the ‘IT Burden’ Defense