Information Filled Under 'Electronic Discovery' Category
Keeping Pace with Data Encryption Laws Saturday, June 12th, 2010
Forty-eight of the 55 US states and territories have some form of data breach law on the books. Most of them require companies to simply notify their customers if their data has been stolen and possibly sold to an online criminal gang in Eastern Europe. The problem with that approach to regulating security is that it’s reactionary.
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Keeping Pace with Data Encryption Laws
Crispin v. Christian Audigier, Inc., 2010 WL 2293238 (C.D. Cal.
Cloud Service Users Face Confusing Legal Landscape Friday, May 21st, 2010Cloud computing has great benefits for businesses but legal uncertainties threaten to hamper adoption, said a group of lawyers speaking during a seminar in Seattle this week. “We will have to create a robust legal system and we will have to do it sooner rather than later and before we have the cloud computing equivalent of an offshore oil rig blowout,” said Barry J.
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Cloud Service Users Face Confusing Legal Landscape
Unless businesses know where their data is, they are at risk This week, reports emerged that Google is being investigated in the US and Germany for its data collection policies. Google is certainly not the only large business to find its data privacy arrangements under scrutiny. Facebook, for example, has come in for repeated criticism over its security and privacy settings, and the amount of information it collects on users.
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Watch out for dangerous data
Privilege logs were never a fun part of business litigation. There are few tasks more tedious than logging individual pieces of correspondence by date, author, recipients, subject matter, reason withheld, etc. In the era of electronically stored information, the creation of a document-by-document privilege log has gone beyond mere tedium to become one of the more costly elements of an ESI burden that, by itself, may be dissuading businesses from pursuing commercial litigation at all.
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Reducing the ESI Burden of Privilege Logs
Washington State Bar Association: Washington Civil Procedure: Let’s Do it Right! – How to Navigate Washington’s Civil Rules for Your Client’s Benefit May 26, 2010 8:25 AM – 4:45 PM Red Lion Hotel, Emerald Ballroom II 1415 Fifth Avenue Seattle, WA K&L Gates Partner Todd Nunn will present a discussion entitled, “Electronic Discovery: What You Must Know to Correctly Steer Your Client”. Attendees can expect to learn more about e-Discovery best practices and privilege issues for e-discovery (and discovery in general) as well as what is happening with the state rules of civil procedure and the possibility they will be amended to incorporate electronic discovery. For more information or to register, click here
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Upcoming Events
The U.S. Federal Trade Commission has begun contacting copy machine makers, resellers and office-supply stores about privacy concerns over the thousands of images that can potentially be stored on the machines’ hard drives. FTC Chairman Jon Leibowitz, in a letter to U.S
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FTC targets privacy concerns related to copy machines
No matter how vigilant, there is no way to fully insulate yourself from a potential lawsuit. It should come as no surprise that defending a lawsuit, even one where you are ultimately not liable, can be costly. Advancements in technology, including the ubiquitous use of e-mail, can significantly increase the cost of litigation.
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Mechanisms That Help Reduce the Cost of E-Discovery
Given all the fuss about data theft, breaches, cracking, corporate governance and malfeasance, new rules and regs, financial reporting transparency, cloud computing concerns, Facebook profiles and ‘smoking gun’ email messages – and that’s just the first round of buzzword bingo, folks — it was about time that somebody built a credible website all about information risk management. And here, perhaps, it is. Inforiskawareness.co.uk is a new portal that aims to provide a heartland for Brits and European end-user organisations interested in the risk factors inherent in publishing electronic information from legal hold, e-discovery and e-disclosure to the latest ‘new’ world of offshoring and hosted data
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Website takes aim at information risk
18 May 2010 — Ralph Losey has designed and created an online class for law school on the subject of electronic discovery. It is a three-credit course, entirely online, named Introduction to Electronic Discovery . The students can take this course from anywhere, and can do so asynchronously. At present, the course is offered by the University of Florida, Levin College of Law, and is only open to U.F.
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Online e-Discovery Instruction in Law School Is Now a Reality
While many in the data storage field tend to use the terms data backup and data archive interchangeably, they actually are distinct functions, said Enterprise Strategy Group analyst Brian Babineau. Data backup refers to data needed regularly for production, and data archive refers to data accessed rarely and held primarily for compliance reasons. The Storage Networking Industry Association (SNIA) defines an archive as “A collection of data objects, perhaps with associated metadata, in a storage system whose primary purpose is the long-term preservation and retention of that data.” That definition hints at a further distinction.
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Disk and cloud emerge as archiving options
Attorneys in Wisconsin will finally have guidance on the discovery of electronically stored information after the state Supreme Court adopted part of the federal court system’s e-discovery guidelines. In late April, the Supreme Court adopted a petition submitted by the Wisconsin Judicial Council to incorporate elements of the 2006 updates to the Federal Rules of Civil Procedure pertaining to e-discovery and the Uniform Rules on the Discovery of Electronically Stored Information into state statute.
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Wisconsin Supreme Court tackles creating e-discovery standards
Human resources execs, pressed to control costs and increase efficiency, are increasingly turning to third-party services providers to process sensitive data. Everything from payroll data to performance reviews to health care and personal background information is being handled in remote data centers maintained by third parties.
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Do You Know Where Your Employees’ Data Is?
Brooke’s Note: I first heard about Massachusetts’ intensive new privacy laws from financial advisors in New England. These weren’t Massachusetts RIAs but they had clients there and they weren’t going to give them up to dodge the new regulations. But these advisors were seriously worried
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Massachusetts Privacy Laws got toned down [some] but they’re still a compliance headache
By all accounts, Jason Baron, the Director of Litigation for the Office of General Counsel at the National Archives and Records Administration (NARA), has visited & counseled the records keeping offices of nearly every cabinet level department and independent agency in the federal government. In a lively, and somewhat irreverent, yet informative talk to NARA’s recent Records Administration Conference, Baron discussed something that remains an on-going headache for those responsible for government records: electronic mail. What we are doing is confronting the 800-pound gorilla in our lives, which is e-mail
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National Archives attorney offers e-mail counsel
In the most recent sequel to the “Die Hard” movie series, “Live Free or Die Hard,” the movie’s villain is a technical genius who creates mass chaos by hacking into the major U.S. computer systems. Once again, Bruce Willis plays John McClane, the streetwise detective in the “Die Hard” films, who is greatly overmatched by his nemesis — a young computer mastermind
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Where Were You During the Social Media Boom?
In this case, the Court imposed monetary sanctions, for 1/2 of the cost of forensic searches and the costs of…
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Court Imposes Monetrary Sanctions Against Counsel for Failing to Understand Client’s Computer Document Retention System
The results of the first phase of a closely watched federal court pilot program on electronic discovery show that having a set of fair-play rules at the outset of a case helps quell pretrial brawls between parties. The goal of the program, launched in May 2009 and spearheaded by James Holderman, chief judge of the Northern District of Illinois, was to find ways to reduce the massive costs and burdens of electronic discovery. Chairing the program is Magistrate Judge Jan Nolan, also of the Northern District of Illinois
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Federal Pilot Program Curbs E-Discovery Fights
Sometimes one of IT’s biggest challenges is convincing upper management a particular technology purchase or deployment would be the best thing for a company. Especially if that purchase requires a lot of money up front and then it’s rather difficult to quantify the return. Compliance software, whether it’s an e-discovery system, or a PCI or HIPAA compliance solution, is often in that category.
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How Do You Sell the Business on E-Mail Archiving?
Canadian companies operating in the European Union and their in-house lawyers could soon face a new challenge in their practice of privilege. Communication between companies and their in-house lawyers does not have the same solicitor-client privilege in EU competition cases as communication between companies and outside counsel, according to the April 29 opinion in Akzo Nobel Chemicals Ltd.
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EU opinion imperils privilege for in-house counsel
Conducting defensible eDiscovery collections can be challenging, but will pay off in both the near- and long-terms. What any organization does depends upon their specific maturity level and requirements. In general, though, organizations that want to take control of eDiscovery collection should: •Take an infrastructure approach
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How Defensible Collection Fits In Your Information Governance Strategy
Attorneys were blunt during a litigation conference at Duke University School of Law about what they need from judges and opposing counsel to fix trial practice in federal courts. “We’d all be a lot happier if we had some romancing foreplay pre-trial and left the rough stuff for trial,” said Ariana Tadler, a partner in the New York office Milberg LLP. Tadler, speaking about cooperation between attorneys “on both sides of the v.,” participated in a six-member panel discussion of what works and what doesn’t in the federal courts.
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Show Us the Love to Avoid Discovery Fights, Attorneys Urge
“PHOENIX, AZ – Law Partner Publishing and LexisNexis announce the release of the March, 2010 edition of its acclaimed Arkfeld…
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Just Released! Update to Arkfeld on Electronic Discovery and Evidence: The Spotlight on Legal Holds
Microsoft and others on Wednesday called on lawmakers to update increasingly archaic rules that govern how law enforcement can solicit e-mail and cell phone records for their investigations.
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Industry leaders, lawmakers to examine updates electronic communications rules
Where are e-Discovery requests likely to come from? These requests (within the Financial Services industry) are likely to emanate from one of the following: • Financial Services Authority (FSA) in the UK • Securities Exchange Authority (SEC) in the US • Commodities Futures Trading Commission (CFTC) • Financial Industry Regulatory Authority (FINRA) • HM Revenue and Customs (HMRC) in the UK • External Legal Counsel The result of failing to identify/provide the Records when required is likely to be:- • reputational risk – the risk of damage to your organisation as a result of negative publicity • a fine • imprisonment • a fine and imprisonment From the above, we can see it is essential to have a defined (and implemented) procedural framework for dealing with e-Discovery requests.
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Challenges of Running an e-Discovery Team
MOUNTAIN VIEW, Calif. – Advanced Discovery Services and American Data Services announced today that the companies have entered into a definitive agreement to merge. The combined company is well positioned to address the specific needs of today’s law firms and corporate legal departments with regards to regulatory, investigatory and legal matters.
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Advanced Discovery Services and American Data Services Merge
Businesses could be caught out by eDisclosure as they are unprepared and not budgeting enough Recommind, the leader in search-powered Information Risk Management (IRM) software for enterprises and law firms, today announced the results of its second Annual UK eDisclosure Survey*, revealing that the number of eDisclosure requests experienced by UK enterprises continues to rise steadily. This year, one in two businesses said they had seen an increase as compared to four out of ten in 2009, rising to seven out of ten when looking solely at the financial sector.
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UK Firms Still Not Ready For eDisclosure Despite Its Increasing Prevalence, Recommind Research Reveals