Information Filled Under 'Electronic Discovery' Category
South Africa publishes issue paper on electronic evidence in criminal and civil proceedings Friday, March 19th, 2010
The South Africa Law Reform Commission has approved the publication of its Issue Paper on “Electronic Evidence in Criminal and Civil Proceedings: Admissibility and Related Issues” for general information and comment. The paper has attempted to draw attention to issues for law reform with regard to matters relating to admissibility of electronic evidence in criminal and civil proceedings. This preliminary research paper has set out to identify shortcomings in the evidential provisions of the Electronic Communications and Transactions (ECT) Act 25 of 2002.
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South Africa publishes issue paper on electronic evidence in criminal and civil proceedings
I’ve been spending this week at the Cloud Connect conference at the Santa Clara Convention Center, in Santa Clara, Calif., listening closely to the broad range of opinions and concerns raise by both the customers of cloud and it’s vendor community. The conference has been an amazing place to get a sense of what those deeply involved in cloud believe will happen in the next few years. What has surprised me a little bit has been an apparent consensus that more and more applications will leverage public clouds, and that a large number of enterprises will adopt those services for certain classes of applications as early as 2013.
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Is a legal challenge to cloud inevitable?
The National Institute of Standards and Technology will build a “use case” repository that may eventually give shape to cloud computing specifications. NIST, a federal agency that has been instrumental in defining cloud computing, will take on an additional role as a central publisher of cloud use cases accompanied by a recommended reference technology implementation. It’s not standards setting, exactly, something the weary veterans of government vs.
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Cloud Connect: NIST Prepares ‘Use Case’ Site
Populous and widespread, social networking sites draw participants from an increasingly broad spectrum. They comprise an open forum that has torn down walls established by many institutions, including the legal system. Social networking online is a remote sensory experience engaging our minds at many levels, and it will take time for us to adapt to this unprecedented way of communicating with one another.
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Social Networking Pitfalls for Judges, Attorneys
The Honorable Lee H. Rosenthal, one of the drafters of the ediscovery federal amendments, has written a noteworthy ediscovery decision…
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Important eDiscovery Sanction Decision – Rimkus Consulting Group, Inc. v. Cammarata
The International Legal Technology Association (ILTA) is having a regional event in Columbus, Ohio on March 26, 2010. It is a demonstration of Vestigate by RenewData followed by a roundtable discussion on ediscovery plans. The details: Date: March 26, 2010 12:00 p.m. – 2:00 p.m. (Lunch will be provided, sponsored by RenewData Corp.) Location: Vorys, Sater, Seymour and Pease LLP 52 E.
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ILTA event March 26th in Columbus, OH: “The E-Discovery Plan: Managing a Case from the Beginning”
The cover article in this week’s The Economist magazine is The data deluge, featuring a 14-page special report on information management entitled Data, data, everywhere. This article, and our collective situation of data overload, reminds me of one of my favorite Star Trek episodes, The Trouble With Tribbles.
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The Trials and Tribble-ations of the Data Deluge
As the Justice Department hunts for the latest batch of missing federal e-mails, the officials who oversee spending of $71 billion a year for information technology got a big raspberry Friday for a 14-year-long failure to ensure that government e-mails are preserved. For all the spending it oversees, the Federal Chief Information Officers Council is virtually unknown to the general public
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Government sends e-mails; it just can’t save them
Introduced as a beta at LegalTech in February, Onit is a Web-based project management tool described as being for “anyone and everyone who manage projects – big, small, business, legal.” It specifically includes a Legal Edition designed for legal matters and cases.
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Legal Project Management in the Cloud
Microsoft SharePoint has spread like wildfire through organizations of all shapes and sizes. SharePoint delivers real business benefits by enabling collaboration in efficient ways, providing ways to track versions of documents edited by multiple parties, allowing non-technical businesspeople to apply basic workflow to content-driven processes, and faster access to information (via search and integration with the MS Office suite of apps). Many laypeople assume that if information is searchable, eDiscovery will be no problem when the time comes.
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SharePoint Presents Very Real eDiscovery Challenges
Linklaters could find itself the subject of litigation from creditors of Lehman Brothers after it emerged that the bank had misused an opinion from the firm to tidy up its balance sheet before its collapse in September 2008. Last week a report into the bank’s demise found that Lehman had used an advice letter written by Linklaters, which was intended specifically for use with reference to the bank’s UK and EU subsidiaries, to keep up to $50bn (£33.24bn) of debt off its US balance sheet. While there was no suggestion in the report, written by Jenner & Block chairman Anton Valukas, that Linklaters had acted illegally, the bank’s actions have left the firm open to being sued by aggressive US creditors for aiding and abetting
Defending Against Spoliation Claims Saturday, March 13th, 2010Scenario: A large company finds itself defending against a contentious employment discrimination lawsuit. During discovery, the company’s document production includes electronically stored information. Plaintiff alleges a gap in the ESI produced by the company and asserts that it resulted from the company’s failure to implement an adequate litigation hold
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Defending Against Spoliation Claims
Stormy weather could be on the horizon for cloud computing as security experts warn not enough is being done to make sure one of the hottest IT trends is safe. “There are many motivations for why an individual or a company would want to engage in cloud computing,” said Thomas Parenty, managing director of Parenty Consulting, a Hong Kong-based information security consulting firm. “None of them have to do with enhanced security.” The reasons why more businesses and individuals are tapping into cloud power boil down to economics and convenience.
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How safe is cloud computing?
On Thursday, March 11th, at 1:00pm Catalyst is sponsoring a webinar discussion exploring recent e-discovery trends regarding privileged documents, including the Facciola-Redgrave protocol for privilege analysis and best practices for creating privilege logs. This presentation will include: * Analysis of key aspects of the Facciola-Redgrave Framework for avoiding a document-by-document privilege review. * Assessment of ways to integrate enhanced privilege search and culling into your e-discovery strategy; * Review of key elements of privilege reporting and practices to document effectively. To register for the program click here
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March 11th webinar: “Privilege Logs: How to create them, and how to avoid them”
The Morgan Lewis eData team and Recommind are sponsoring what looks to be a very informative live seminar on March 18th (next Thursday) at 4:00pm in the New York offices of Morgan Lewis. The seminar will focus on successfully leveraging technology to improve early case assessment (ECA), preservation, collection, and document review.
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March 18th: live seminar in NYC — Morgan Lewis/Recommind : Using advanced technology to achieve consistent, timely, and cost-effective eDiscovery…
US and UK members and judges to share thoughts on technology, e-disclosure and compliance Women in eDiscovery, a non-profit organization that brings together women interested in technology related to the legal industry, today announced that it will host an interactive educational session at Legal IQ’s fifth annual Information Retention & E-Disclosure Management Summit in London. The conference will be held at the Dexter House, Tower Hill, London on May 18-19. Women in eDiscovery co-founder, Shawnna Childress, and Director of the London Group, Laura Kelly, will host a two-part interactive educational session that delves into developments in the law and practice of disclosure and the application of technologies that effectively reduce costs and assist with compliance as it pertains to litigation.
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Women in eDiscovery to Conduct Educational Session at IQPC’s Legal IQ London Conference
United States District Court Judge Shira Scheindlin set the gold standard for litigation holds six years ago with the Zubulake…
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Webinar: Michael Arkfeld on Litigation Holds: Understanding Judge Scheindlin’s Pension Committee Decision
I have pointed out before on this blog that vastly increasing data volumes pose challenges for litigation preparedness and electronic discovery. Kon Leong, CEO of ZL Technologies, a firm with extensive experience working with Fortune 500 companies, notes that the data volume within the average Fortune 500 company exceeds the size of Google at
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ZL Technologies’ Unified Archive allows end-to-end e-discovery
Boston-based Iron Mountain Inc. reports that its California-based electronic discovery subsidiary Stratify has acquired Legal Imaging Technologies Inc., a San Francisco area company specializing in electronic document conversion and imaging processing. Adding LIT’s processes and products into Stratify’s e-discovery capabilities will triple Stratify’s production capabilities in its data center operations that support the North America, EMEA and Asia-Pacific markets, according to Iron Mountain (NYSE: IRM) officials
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Iron Mountain’s Stratify Acquires E-Discovery Company
The Honorable Shira A. Scheindlin, who authored the landmark Pension Committee decision issued an amended opinion. To view the corrections…
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Extra! Extra! – Amended Opinion – Seminal Decision: Judge Scheindlin’s Analysis and Imposition of Sanctions for Failing to Properly Implement…
In this instructive eighty seven (87) page opinion the Court reviews and integrates several important ediscovery legal issues and fashions…
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Seminal Decision: Judge Scheindlin’s Analysis and Imposition of Sanctions for Failing to Properly Implement Litigation Hold
E-discovery requests that include application databases are on the rise, according to a new survey by IDC. Application databases, such as ERM and CRM systems, ranked first as the most common target for e-discovery collections for 2009, ahead of typical discovery sources such as file shares, e-mail servers, laptops and smart phones.
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Databases A Top Target For E-Discovery
Judge Mary S. Scriven in an Order dated January 5, 2010, affirmed in part Magistrate Judge Spaulding’s prior order dismissing plaintiff’s case with prejudice. Bray & Gillespie III In so doing, Judge Scriven tells a story of a simple telephone call that took place after Judge Spaulding’s recommended dismissal order in Bray & Gillespie II
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The “Bray & Gillespie” Saga Ends with an Incredible Story of a Phone Call
Over the past several months I have been blogging about the emergence of Hal 900 like experiences in eDiscovery and Web 3.0. As such, I have been following the work of Dr. Herb Roitblat regarding the utilization of semantic and related technology to reduce the cost of document review through computer aided document categorization.
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Computer Aided Review Has Arrived
Implementing email retention, compliance or e-Discovery software can be one of the most important tasks an organization performs. Without a solid policy behind the software investment, companies risk wasting time and money.
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Best Practices and Procedures for Building Effective Email Policies
The January issue of the Journal of the American Society for Information Science and Technology has an article by Herb Roitblat, Anne Kershaw, and Patrick Oot describing a study that compared computer classification of e-discovery documents with manual review. It found that computer classification was at least as consistent as human review was at distinguishing responsive from nonresponsive documents. Anne Kershaw discussed many of these issues at the Georgetown University Advanced E-Discovery Institute last year ( click here ) and Patrick Oot presented some preliminary findings from the aticle at the IQPC eDiscovery Conference in December. We will have an interview with both in the run-up to LegalTech ( click here ). The documents used in the study were collected in response to a “Second Request” concerning Verizon’s acquisition of MCI. The documents were collected from 83 employees in 10 US states. Together they consisted of 1.3 terabytes of electronic files in the form of 2,319,346 documents. For an overview of the study click here . For a full copy of the study click here
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Computer aided document review has arrived
The January issue of the Journal of the American Society for Information Science and Technology, 61(1):1–11, 2010, has an article by Roitblat, Kershaw, and Oot describing a study that compared computer classification of eDiscovery documents with manual review. It found that computer classification was at least as consistent as human review was at distinguishing responsive from nonresponsive documents
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Computer Assisted Document Categorization in eDiscovery