Information Filled Under 'Electronic Discovery' Category


McKinnon hacking case relies on hearsay – internal CPS document Thursday, July 16th, 2009

Evidence supplied by the US authorities to the UK to support legal proceedings against Pentagon Hacker, Gary McKinnon, relies on hearsay and may be impossible to prove in court, according to an internal Crown Prosecution Service document. The document obtained by Computer Weekly calls into question the forensic evidence supplied by the US to link McKinnon to hacked US military systems. It casts doubt on claims that McKinnon’s activities damaged thousands of US military computers.

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McKinnon hacking case relies on hearsay – internal CPS document

The Launch of the Asia-Pacific Posse List Wednesday, July 15th, 2009

We have launched the Asia-Pacific Posse List which will include our Asia job listserv (to get on the Asian-Pacific job list click here ) and this page.   Our focus will be the legal markets in Australia, China, Hong Kong,  Japan and Singapore but we will include other Asian locations as they develop. This page is sponsored by our strategic partner in Asia, CCH Workflow Solutions.  You can learn more about CCH Workflow Solutions in some articles we have linked at the top of this column as well as by clicking their logo in the upper right hand corner of this page.

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The Launch of the Asia-Pacific Posse List

Clearwell E-discovery glossary Tuesday, July 14th, 2009

Clearwell has put together a web page called “E-Discovery Central” which is a comprehensive resource on all issues pertaining to e-discovery including news, free downloadable content, and insights from a variety of expert sources. It’s a great resource to help you develop your knowledge of e-discovery practices and complex e-discovery issues.  For the page click here .

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Clearwell E-discovery glossary

Top 10 Must-Haves When Evaluating Automated In-House eDiscovery Solutions Monday, July 13th, 2009

Traditionally, eDiscovery needs have been met by legal service providers and law firms supplying consulting services, project managers and attorneys to corporate customers. In this process, companies engaged in litigation send data and information to law firms and legal service providers for processing, analysis and review in order to find relevant data and provide the required data evidence.

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Top 10 Must-Haves When Evaluating Automated In-House eDiscovery Solutions

July 22: Free seminar Bridge the Legal–IT Gap to Reduce Legal Costs and Risk: Integrated eDiscovery to preserve and review in-place Monday, July 13th, 2009

                                Bridge the Legal – IT Gap to Reduce Legal Costs and Risk:  Integrated eDiscovery to preserve and review in-place Date: Wednesday, July 22, 2009 Time: 12:30 PM (EDT)/9:30 AM (PDT) Description: eDiscovery costs have been increasing over 30% per year, an expense largely caused by poor data management policies. Many companies today rely on reactive and inefficient methods to perform legal hold, review, and collection work related to eDiscovery. Properly identifying custodians, preserving information in disparate data sources, and collecting the relevant information in an efficient and defensible manner are critical for successful eDiscovery but also require tight collaboration between legal and IT

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July 22: Free seminar Bridge the Legal–IT Gap to Reduce Legal Costs and Risk: Integrated eDiscovery to preserve and review in-place

July 21: Free webcast – Electronic Discovery 101 for Litigation Support and Paralegals Sunday, July 12th, 2009

Electronic Discovery 101 for Litigation Support and Paralegals Tuesday July 21, 2009 01:00 PM ET (60 minutes) Litigation support professionals and paralegals that are new to the world of e-Discovery will benefit from this introduction to the workings of e-Discovery. The presenters will share insights gained from over 30 years of combined litigation paralegal experience.  Attendees will leave with an understanding of the basic e-Discovery process, how to approach your next project with your attorneys and clients, and a new confidence about how to manage the world of e-Discovery. You will learn: What e-Discovery is and how it affects overall project management

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July 21: Free webcast – Electronic Discovery 101 for Litigation Support and Paralegals

Research and Markets: What Litigators Need to Know About the Impact of Social Media (Facebook, Twitter & Others) on E-Discovery Practices Thursday, July 9th, 2009

Research and Markets has announced the addition of the “What Litigators Need to Know About the Impact of Social Media (Facebook, Twitter & Others) on E-Discovery Practices” report to their offering. What Litigators Need to Know About the Impact of Social Media on E-Discovery Practices is a time efficient way to understand the impact of sites such as Facebook, Twitter, YouTube and others on your e-discovery practices

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Research and Markets: What Litigators Need to Know About the Impact of Social Media (Facebook, Twitter & Others) on E-Discovery Practices

Voom Interprets Broad Supreme Court Ruling Requiring Analysts’ Live Testimony to Apply to Computer Forensics Wednesday, July 8th, 2009

According to Voom Technologies, Inc., Recent Supreme Court ruling places computer forensics under the scope of Court’s requirement for live testimony by forensic analysts. Although this controversial 5 to 4 decision was well-debated and resolved on constitutional grounds, the ramifications may include increased burdens placed on already over-taxed cybercrime labs that, according to the FBI, have seen a 2000 percent rise in cases opened since 1996

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Voom Interprets Broad Supreme Court Ruling Requiring Analysts’ Live Testimony to Apply to Computer Forensics

Analysis: EMC or NetApp Will Pay Way Too Much for Data Domain Tuesday, July 7th, 2009

Industry analysts who read/research/blog/report on these things tell eWEEK they are generally in agreement: The corporate battle between NetApp, the original mover in the Data Domain sweepstakes, and outsider EMC has gotten way, way out of hand. Whichever company eventually makes the purchase will be paying far too much for what amounts to one point product. Is EMC allowing its considerable corporate ego to gain control in a non-solicited campaign to acquire Data Domain

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Analysis: EMC or NetApp Will Pay Way Too Much for Data Domain

Social Networking Data Presents Challenges Wednesday, July 1st, 2009

The rapid growth of social networking Web sites in the workplace means companies can no longer ignore them. Companies should consider whether their current electronic communications policies are sufficient to cover social networking sites. If one asked practitioners and judges to describe the type of electronically stored information at issue in e-discovery cases, most of the time the answer would be “e-mail” or possibly “Microsoft Office files.” In fact, there is a dearth of federal e-discovery decisions on other types of ESI

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Social Networking Data Presents Challenges

Litigation review poses opportunities for legal outsourcing Wednesday, July 1st, 2009

A new report by a leading UK judge has hinted that strong opportunities could be on the horizon for legal process outsourcing ( LPO ) to lower costs for law firm clients. Prepared for the Master of the Rolls by the Court of Appeal’s Lord Justice Rupert Jackson, the Civil Litigation Costs Review: Preliminary Report takes stock of research-in-progress that Jackson is conducting this year, during which time he is not sitting as a judge. In devoting himself full-time to the study, Jackson aims to produce a detailed and thorough analysis of the economic relationship between law firms, their clients and the courts

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Litigation review poses opportunities for legal outsourcing

"Read my lips, Dell is in contempt." Sunday, June 28th, 2009

” Dell held in contempt in New Orleans camera case.  An Orleans Parish judge has held Dell in contempt of court for failing to provide company e-mails relating to an ill-fated deal to provide the city with crime cameras, the New Orleans Times Picayune reports. Dell is one of multiple defendants in a case brought by New Orleans' initial crime camera suppliers, Southern Electronic and Active Solutions, who are claiming that a handful of tech companies and some less-than-scrupulous city officials (including the mayor) conspired to steal their camera technology

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"Read my lips, Dell is in contempt."

E-mails Can Jeopardize Your Job Sunday, June 28th, 2009

E-mails Can Jeopardize Your Job.   “ If ever there was a reminder to be cautious with e-mails, it came this week as romantic missives from South Carolina Gov. Mark Sanford to his Argentine lover surfaced in the national press.  Sanford, a conservative Republican who disappeared for several days to rendezvous with his lover in Argentina, returned to the United States on Wednesday to find out his tryst had been exposed in the media, along with months' worth of steamy electronic exchanges between the couple. .

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E-mails Can Jeopardize Your Job

Back Off Metadata Ethics Complaint, Judge Tells Lawyer Suing Sexploits Blogger. Wednesday, June 17th, 2009

Back Off Metadata Ethics Complaint, Judge Tells Lawyer Suing Sexploits Blogger .  “A lawyer who claims he was the paramour identified as “RS” on a blog of sexual exploits has been warned by a judge to back off on an ethics allegation against the blogger’s bankruptcy counsel.  U.S. Bankruptcy Judge Margaret Cangilos-Ruiz of the Northern District of New York said lawyer Robert Steinbuch claimed the bankruptcy counsel was improperly accessing metadata, but in reality the supposed hidden data was a document name visible to anyone when the court generated a notice of electronic filing, the New York Law Journal reports.  The judge also labeled Steinbuch’s suggestion that a notice of deposition had interfered with a religious holiday as “blatantly misleading and baseless,” since the notice was received before the holiday began, and the deposition was scheduled to take place after the holiday had ended, according to her June 5 opinion (PDF posted by the New York Law Journal) in the case.

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Back Off Metadata Ethics Complaint, Judge Tells Lawyer Suing Sexploits Blogger.

Litigation Funding and Legal Outsourcing – A Marriage of Convenience and a Glimpse into the Future Tuesday, May 26th, 2009

While reading an article in the U.K. Gazette, entitled “Litigation funding: an overview of a contentious area of growth”, I experienced one of those rare revelatory flashes one hopes to encounter regularly but which in reality come along all too rarely. To set the scene, let us revert for a moment to the recent ValueNotes report, “Legal Services Outsourcing- What do Law Firms Think?”, and contemplate both the drivers and the barriers to entry impacting on law firms considering or rejecting legal outsourcing

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Litigation Funding and Legal Outsourcing – A Marriage of Convenience and a Glimpse into the Future

LPO industry in India Sunday, April 26th, 2009

Background ‘In 1991, with India running out of hard currency, Manmohan Singh … decided that India had to open its economy. “Our Berlin Wall fell … and it was like unleashing a caged tiger … We went from quiet self confidence to outrageous ambition in a decade” [Tarun Das, Chief Mentor, CII] Thomas Friedman, The World is Flat In the era of liberalization, the Indian economy moved from being a moribund and a closed set-up to become a dynamic growing economy with an annual average of 6% growth between 1991 and 2005. This growth was led by many factors, the most important being the growth in the service sector of the country

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LPO industry in India

Unbound – 7 Trends Changing Legal Services. Wednesday, April 22nd, 2009

The economic crisis is delivering a knockout punch to skeptics who are resisting change in the legal services industry. Unbound, details how seven key trends are converging to change the legal services industry. Forever.

http://www.youtube.com/v/PWaLVRZ-KMs&f=videos&app=youtube_gdata

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Unbound – 7 Trends Changing Legal Services.

Publisher’s Promotional Offer – eDiscovery and Evidence Review Sunday, March 29th, 2009

Law Partner Publishing announces the release of the new ARKFELD'S eDISCOVERY and EVIDENCE REVIEW by the well-known author, speaker and attorney, Michael R. Arkfeld.  The monthly journal provides monographs as well as unbiased analysis and interpretation of recent case law and rules. THE REVIEW is a legal journal distributed online in a PDF format with links to most of the full text of the cases covered, as well as electronic files of select court pleadings and other documents.  Introductory Offer: Law Partner Publishing announces a 20% promotional discount for a year's subscription to the eDISCOVERY and EVIDENCE REVIEW or the first 20 customers to order the newsletter may choose to receive a complimentary set of Arkfeld on Electronic Discovery and Evidence Publications* ($245.00 value)

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Publisher’s Promotional Offer – eDiscovery and Evidence Review

Gartner MarketScope for E-Discovery Software Product Vendors 2008 Thursday, February 19th, 2009

Gartner evaluated 20 vendors across a number of criteria such as: Business Model, Customer Experience, Market Understanding, Sales Execution/Pricing, Offering (Product) Strategy, Product/Service, Sales Strategy and then rated them based on their findings. Inclusion and Exclusion Criteria To be included in the MarketScope report, a vendor must meet the following criteria: – Have a software product that can be licensed for implementation and use inside a company’s firewall.

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Gartner MarketScope for E-Discovery Software Product Vendors 2008

Sword & Shield Acquired Forensic Discoveries LLC Friday, December 19th, 2008

KNOXVILLE, TN — December 18th 2008 — Sword & Shield Enterprise Security is pleased to announce the acquisition of Forensic Discoveries, LLC, the fastest growing company in East Tennessee specializing in computer forensics and electronic discovery. “This acquisition demonstrates the commitment by Sword & Shield to become an industry leader in digital forensics and electronic discovery with the same dedication that has made them a nationally respected information security firm,” said Bill Dean, founder of Forensic Discoveries and director of computer forensics at Sword & Shield. “Forensic Discoveries will compliment the current professional service offerings of Sword & Shield by providing a division that is focused on the growing demand for both digital forensics and electronic discovery.” The market for computer and network forensic services continues to be strong as corporations are burdened with the increase of data theft, employee theft, employee compliance and policy violation, embezzlement, fraud, and other cyber crimes.

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Sword & Shield Acquired Forensic Discoveries LLC

Companies Still Not Ready for EDiscovery Thursday, December 11th, 2008

New Poll Reveals Litigation Discovery Gap .  “Two years after new federal e-discovery rules, 30 percent of companies have no policies for preserving evidence for litigation discovery, according to a new Deloitte Financial Advisory Services poll of in-house lawyers and executives.  Developing a policy is relatively inexpensive, so it's surprising that such a large percentage of U.S. corporations have yet to ink policies for so-called legal holds, or the process of preserving documents subject to litigation discovery, said Jeff Seymour, a principal in Deloitte FAS's analytic and forensic technology practice, in a statement. . .

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Companies Still Not Ready for EDiscovery

New Release: Arkfeld’s Best Practices Guide for Litigation Readiness and Hold Monday, October 6th, 2008

New Release: Arkfeld’s Best Practices Guide for Litigation Readiness and Hold provides strategic guidance and recommendations to legal professionals in preparing for and implementing a ‘litigation hold.’ This Guide covers the components of a litigation readiness plan to ensure that your client can timely identify, preserve, collect, process and review electronic data for disclosure. Such a proactive approach will contribute to your success by properly identifying and preserving ESI once a triggering event occurs

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New Release: Arkfeld’s Best Practices Guide for Litigation Readiness and Hold

Data Recovery Services: When You’re Facing A Wipeout Wednesday, November 14th, 2007

Your computer files are the foundation of your business. What if one day you awaken to find that your computer has crashed, and the foundation of you business appears to have crumbled? Are those files nothing but dust on the winds of cyberspace

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Data Recovery Services: When You’re Facing A Wipeout

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