Information Filled Under 'Electronic Discovery' Category
Digital information to hit 1.2 zettabytes this year Wednesday, May 5th, 2010
The amount of digital information grew 62 per cent in 2009 to 800 billion gigabytes and is expected to touch 1.2 zettabytes in 2010, industry tracker International Data Corporation (IDC) said yesterday. A recent research document released by IDC showed that digital information created in 2010 will equal 100 years of tweets and 75 billion iPads
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Digital information to hit 1.2 zettabytes this year
The Wisconsin Supreme Court last week approved a petition by a 4-3 vote to create and amend statutes relating to electronically stored information (e-discovery), effective Jan. 1, 2011. The court adopted amended petition 09-01 – filed by the Judicial Council (council) – April 28 but voted 5-2 for an amendment to mandate a so-called “meet and confer” on condition of holding another public hearing in fall 2010 to reconsider the issue
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Wisconsin Supreme Court approves discovery rules to address electronically stored information
4 May 2010 — Very often Posse List members get so caught up in the nuts & bolts of e-discovery they don’t get an overall perspective of the trends of e-discovery and litigation. How important is e-discovery to the litigation process? Is extensive e-discovery threatened just to lead to settlement in order to avoid discovery costs? Does e-discovery every lead to the “smoking gun”? Do cases commence with e-discovery simply as an investigative tool to see whether or not facts could be developed that would justify bringing the case? This month’s issue of The Metropolitan Corporate Counsel has two very good interviews that address these issues and more. First is an interview with Alan Naar, Vice Chair of the Litigation Department of Greenbaum Rowe
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The Impact Of E-Discovery On Litigation Trends
In part 1 of this two-part series, legal expert Robert McHale (author of Data Security and Identity Theft: New Privacy Regulations That Affect Your Business) discusses the principal federal and state laws regulating cloud activities, and the legal security and privacy risks associated with cloud computing. In this two-part series, legal expert Robert McHale provides a comprehensive overview of the legal security and privacy risks associated with cloud computing. Part I discusses the principal federal and state laws regulating cloud activities.
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Cloud Security and Privacy: A Legal Compliance and Risk-Management Guide, Part 1
Preparation is critical for a successful meet and confer, but so is performance on game day. What counsel says and does at the meet and confer – and in any judicial proceedings connected with it – still counts for plenty.
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Meet And Confer: Key Considerations To Prepare Effectively
In this case, the Court granted expedited discovery pursuant to FRCP 26(f) against Yahoo to determine the identities of John…
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Court Grants Expedited Discovery Against Yahoo to Discover Identity of John Doe Defendants
The outsize role of emails in the Senate grilling last week of Goldman Sachs executives is a stark reminder that – despite newer forms of e-communication such as texting and instant messaging – reliance on emails in the securities industry remains an integral fact of life. In addition to the frequent citing of Goldman emails (with phrases such as “s—ty, bad lemons” and “piece-of-crap” used to describe investments) in the Senate hearings last week, excerpts from the firm’s emails found their way into the Securities and Exchange Commission’s fraud complaint, issued April 16. Given such a starring role for email, how are securities firms handling federal archiving requirements, and how is the technology evolving as a result?
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Email Archiving Is Not Just For Compliance, Any More
The problem with proportionality analyses is that they make no provision for distortion of cost attributable to incompetence and disorganization. They simply accept the unacceptable and make it their baseline. Each time I read lawyers’ assessment of the justice system as “broken” and see e-discovery blamed, I wonder if the commentators bring sufficient skill respecting ESI and information systems to the table.
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Are We Paying Five Times Too Much for E-discovery?
Just hours before going to press with this issue of KMWorld, AIIM released the results of a study that are too important to wait another month to share. So, we wanted to highlight at least the key findings of “Content Analytics, Research Tools For Unstructured Content and Rich Media.” Content analytics is not just another one of those IT marketing terms. Rather, it concentrates on “a range of search and reporting technologies that can provide similar levels of business intelligence and strategic value across unstructured data to that conventionally associated with structured data reporting.” So acknowledging our limited space and time, here are the key findings: • For 72 percent of respondents, it’s harder to find information owned by their organization than information not owned by them—i.e., on the Web
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Content analytics comes front & center
Unresolved legal questions surround cloud services Out of all the security concerns related to cloud computing, here’s one you might not have considered: Customers using cloud services may put themselves at risk of patent litigation. It may be a small risk, but it is another issue to consider when assessing the pros and cons of cloud computing, says Nolan Goldberg, a patent and trade secret litigation attorney for Proskauer Rose LLP in New York. FAQ: Cloud computing, demystified “I think IP [intellectual property] is going to be a huge barrier to cloud adoption,” Goldberg said
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Cloud computing raises risk of patent litigation, attorney says
Locating, securing and producing all the electronically stored information required in the discovery phase of civil litigation can be very time consuming and extremely expensive. However, failure to produce the required information in a timely fashion can lead to fines running into millions of dollars, thanks to revisions to the Federal Rules of Civil Procedure that came into effect in December 2006.
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Getting Ediscovery to Work for You
The New York state court looked in the mirror recently and they didn’t like what they saw. While it’s hard to imagine the self-dubbed “center of the universe” finding flaws with anything… apparently e-discovery has caused the big apple to take serious stock of the situation.
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New York State Court Issues Report Calling for Extreme E-Discovery Makeover
Search, information discovery and e-discovery seek and display information in different ways Government information technology workers might have heard the following three phrases used interchangeably: search tools, information discovery tools and e-discovery tools. Depending on your definition, there is some overlap among the concepts.
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Why you should know the difference between search tools and discovery tools
In an effort to cut expenses, WilmerHale has decided to “in-source” its business operations to Dayton, Ohio. But other law firms could also benefit from relocating support staff and even attorneys to less costly locales beyond the urban hubs according to an article in yesterday’s Law360 . The WilmerHale facilities, which are slotted to open in September, will house the majority of the firm’s finance, human resources, information technology, document review and practice management operations, which are currently spread out between its Boston, New York and Washington offices. And WilmerHale is not alone. In 2002, Orrick Herrington opened a global operations center in Wheeling, West Virginia, a town of about 30,000 near Pittsburgh. The converted warehouse operates around the clock and holds the firm’s help desk, document and transcription production, billings and collections, payroll and other business functions.
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Law Firms Look To “In-Sourcing” To Slash Costs
I suppose one fine day we’ll look back at the old days when all these people who got themselves into hot water by sending corporate emails that provided investigators, regulators, the media and others with a white-hot smoking gun of evidence.
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Silly bankers: Goldman Sachs shows email is always the smoking gun
The Court ordered the producing party to reproduce ESI that had been degraded to a nonsearchable format to be produced…
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Judge Facciola Orders Party Who Degraded ESI to a Nonsearchable Format to Reproduce in a Searchable, Usable Format
NEW YORK, April 26 /PRNewswire/ — DOAR Litigation Consulting (“DOAR”) and Inference Data today announced that the companies have reached a definitive agreement under which DOAR will acquire Inference Data, a leader in analytics and electronic discovery software. Inference Data, based in New York, NY, is a strategic addition to DOAR’s already extensive discovery management practice. Inference Data provides next-generation software for analytics-driven assessment, meet-and-confer preparation, and accelerated legal review
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DOAR Litigation Consulting Acquires Inference Data
There has been an interesting conversation going on about the recommended path for an experienced e-discovery attorney to transition from law practice into a more technical litigation support or e-discovery consultant/project manager role. It has been a discussion thread on the e-LEGAL group on LinkedIn and Paul Easton has a post about it this past week ( click here ).
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Transitioning from law practice to more technical litigation support/project management work
According to the “3rd Annual eDiscovery Survey of Illinois Lawyers,” an end user survey of 185 legal professionals conducted to understand their level of exposure and experience with electronic discovery vendors and products included mentions of companies such as Applied Discovery, Kroll Ontrack, FTI Consulting and Huron Consulting. Four of the key findings noted in the Executive Overview are: Corporate e-discovery in-sourcing continues as customers adopt software and services over reliance on law firms or wholly outsourcing the process
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The 451 Group Releases E-Discovery and E-Disclosure Report
The University of Denver Law Review recently published an issue consisting of articles responding to the question, “If you could change any rule of federal procedure, what would it be, and why?” Several authors took up the charge by addressing e-discovery, while the rest focused on other areas of procedure (including pleadings, offer of judgment, and
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Scholarly e-discovery articles of interest
Over two years ago the magistrate in the Qualcomm decision rocked the ediscovery world by imposing over $8,500,000 in sanctions…
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District Court Revisits Qualcomm and Declines to Issue Sanctions – Legal Hold Lessons Learned.
Cleveland, Ohio, USA – (31 March 2010) – Global Electronic Discovery & Disclosure Group (“ Global EDD Group ”), a boutique consulting firm that provides innovative legal technology solutions across the globe, today announced the formation of Asia Legal Technologies ™ (“ALT”), a strategic alliance and joint venture with Data Management Corporation (“DMC”), a document and data processing solutions company based in Singapore. ALT combines the experience, knowledge and resources of DMC and Global EDD Group to provide innovative arbitration, due diligence and litigation support services throughout the Asia-Pacific Region
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DMC and Global EDD Group Form Joint Venture – Asia Legal Technologies
Dean Gonsowski, VP of E-Discovery Services for Clearwell Systems, spoke to me recently about a new e-discovery survey recently conducted by the Enterprise Strategy Group and Clearwell. They surveyed over 100 Fortune 2000 enterprises and government agencies
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New e-discovery survey by Clearwell reveals significant trend toward taking e-discovery in-house
The new decade has begun with conflicting and complementary opinions from Judge Rosenthal of Texas and Judge Scheindlin of New York. These opinions, penned by United States District Court judges, will frame the behavior and motion practice around federal e-discovery sanctions into the near future
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Dueling Opinions: Scheindlin’s Pension Committee vs. Rosenthal’s Rimkus
Small- to medium-sized businesses (SMBs) facing e-discovery requirements are beginning to use cloud storage services and other Software-as-a-Service (SaaS) offerings for data compliance needs such as email and collaboration, experts say. Many SMBs outsource base systems such as email and customer relationship management (CRM) to SaaS providers as their first online services because of potentially large cost savings and infrastructure flexibility, said Ed Laczynski, CTO of LTech Consulting LLC, a Bridgewater, NJ-based cloud service provider and consulting firm
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SMBs look to cloud storage services for data compliance and e-discovery
Lawyers and vendors look for ways to create common standards in e-discovery. As the market for electronic discovery software and services continues to grow and mature, making sense of exactly what it is e-discovery vendors are selling is not always easy. “I’ve been hearing from providers for years, ‘look, you don’t understand e-discovery
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Confusion Carries the Day in E-Discovery
Updated March 20, 2010 from our original March 13, 2010 post Last week saw the release of the 2,200-page report by Anton Valukas on the Lehman Brothers collapse. Valukas was appointed examiner by the U.S. Bankruptcy Trustee probing the reasons for Lehman’s failure in September 2008. Note: Examiners in bankruptcy cases are appointed to investigate accusations of wrongdoing or misconduct.
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The Valukas Report on the Lehman Brothers collapse: the e-discovery aspects