Information Filled Under 'Electronic Discovery' Category
Clearwell Systems Forecasts Top 10 Predictions for Electronic Discovery in 2010 Monday, December 7th, 2009
Clearwell Systems Inc., a leader in intelligent e-discovery, today announced its top 10 predictions for e-discovery in 2010. Based on insights gathered from industry experts, enterprises and law firms, Clearwell expects one of the most significant priorities in the year ahead to be a greater focus on controlling e-discovery costs, and gaining better control over the entire, complex process. As a result, legal and IT departments are becoming more strategic about managing their electronic data while they proactively bring e-discovery in-house
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Clearwell Systems Forecasts Top 10 Predictions for Electronic Discovery in 2010
Over the past 24 months, I have spent a good portion of my time working with the leaders in the legal departments of the Global 2000, their counterparts in the IT department, partners and heads of litigation and litigation support from some of the larger law firms in the US and the leaders from many of the eDiscovery technology vendors. The conclusion that I have come to is that everyone from this group has their own definition of Early Case Assessment (ECA) and the associated value and everyone thinks that everyone else has it wrong. Therefore, looking at it from the outside, it looks like a scene from one of the Three Stooges movies
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The Three Stooges of Early Case Assessment (ECA)
From the December 2009 issue of The Metropolitan Corporate Counsel ® Bob Tennant is the Chief Executive Officer at Recommind , a position he has held since late 2001. His thoughts on litigation support and e-discovery trends: As we approach the end of a difficult year in 2009, there is no better time to reflect on the current state of litigation support and eDiscovery and examine the trends emerging for 2010. Emerging Technologies Causing eDiscovery Nightmares The rapid growth of electronically stored information showed no letup in 2009, and it promises to accelerate in 2010, as companies grapple with information risk from new sources, such as Web 2.0 tools, cloud computing, unified communication and virtualization.
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2010: Litigation Support and eDiscovery Trends
I talk with many IT professionals that are dismayed at how little backup and recovery has changed in the last ten years. Most IT organizations still run traditional weekly fulls and daily incremental backups, they still struggle to meet backup windows and to improve recovery capabilities, to improve backup and restore success rates and to keep up with data growth. Sure there have been some improvements – the shift to disk as the primary target for backup did improve backup and recovery performance, but it hasn’t fundamentally changed backup operations or addressed the most basic backup challenges.
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What’s holding back next generation backup and recovery?
Symantec outlines the storage trends to watch in 2010 As organizations migrate to new Microsoft platforms over the next year, they will need various storage management and data management technologies in place. While upgrading is not always a priority for IT organizations, given tight budgets and the resources needed to manage the process, newer versions can offer significant technological advancements and performance enhancements that can help organizations better meet their SLAs.
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Migration, deletion, Stockpiling in 2010 bytes
Many IT departments are leaving their companies exposed to unnecessary cost and legal risk by not complying with data retention policies laid down by the business. Their actions could result in expensive e-discovery procedures to produce data for evidence and risk the company being found liable based on legacy data. Alex Dunstan-Lee, director forensic technology at KPMG, says, “The biggest problem for in-house legal teams is the lack of awareness of data policies and record management.” He says the culture in IT departments is sometimes at odds with the requirements set by company lawyers.
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IT doesn’t understand why legacy data must be destroyed
In case you’ve missed it, someone recently dumped a large cache of e-mail files and documents from the University of East Anglia University’s prestigious Climactic Research Unit onto the ‘Net. The CRU is one of the leading climatology research institutions, and its data and models provide much of the infrastructure on which the theory of anthropogenic global warming (AGW) is based. Many of the files and e-mails discuss hiding or manipulating data, which has disturbing connotations for the credibility of AGW overall
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Data-leak lessons learned from the ‘Climategate’ hack
Interactive Web site communications can run the gamut from disparaging others to exchanging information about both good and bad business experiences. Misuse of an interactive site or a social network, however, may create liability in New York for such wrongful conduct. Counsel should be aware of such potential liability, even for an anonymous blogger who wants to hide his identity on an out-of-state site, as well as the limitations thereon, certain of which may be found in the Communications Decency Act of 1996.[FOOTNOTE 1] Also, prospective litigants should be reminded that a defamation claim can flow from electronically disseminated information, which communications may also form the basis for alleging a tortious interference with contract cause of action.
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Rulings Address Defamation on Interactive Sites, in E-Mail
Exploring creative and effective ways to protect privileges while saving time and money Date: Wednesday, December 2, 2009 Time: 1:00 PM (EST)/10:00 AM (PST) Hon. John Facciola (U.S. Magistrate Judge in the District of Columbia) and Jonathan Redgrave (partner at Nixon Peabody LLP) will discuss their recently published law review article addressing the process for claiming and adjudicating privileges in the era of electronic discovery. They recently appeared at the Georgetown Law Advanced E-Discovery Institute ( click here )
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Free webinar Dec 2nd: A Call For Change — Privilege Logs in Modern Litigation (Facciola and Redgrave)
Computer forensics don’t have to solely focus on recovering and searching for evidence on storage devices. Although programs like Encase and FTK 3.0 are excellent tools to help find documents, photographs and other files for your investigation, they cut short on collecting network traffic your suspect sends and receives. Viewing stored URL visits and local cache only paint a limited picture of the suspect’s Internet usage and sometimes amount to the same as reading tea leaves
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4 Cheap Options to Monitor Networks for Evidence
In-house lawyers are concerned that their businesses are unable to respond to legal demands to retrieve electronic documents, a survey of lawyers at 200 global companies reveals. The KPMG Forensic and Harris Interactive survey found that 38% of lawyers surveyed said that it would be difficult to retrieve data in their organisation, potentially exposing their firms to high costs or reputational damage in the event of a legal dispute
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Businesses are ill-prepared for e-discovery, warn lawyers
A common challenge of cybercrime investigations is the need to conduct forensic analysis on a computer before it is powered down and restarted. As some active system processes and network data are volatile and may be lost after the computer is turning off, investigators were in search of a tool that could assist them in the very limited space of time they may have to investigate a crime. It is for this reason, that in October, Microsoft and the National White Collar Crime Center (NW3C) announced an agreement establishing NW3C as the first U.S.-based distributor of the Computer Online Forensic Evidence Extractor (COFEE).
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COFEE Break Turns Messy
Beware the differing privilege regimes in the global environment Few potential exports are more controversial in the global marketplace than aspects of a country’s legal system, and in few instances are the effects of a product’s acceptance or rejection more profoundly felt. In the context of antitrust litigation, cross-border privilege questions and document seizures (often in the form of “dawn raids”) in international cartel cases are familiar problems. These issues also received some measure of broader attention two years ago when the European Union Court of First Instance issued its decision in the Akzo Nobel matter,[FOOTNOTE 1] now on appeal to the European Court of Justice, discussed below.
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Keeping a Secret Across Jurisdictions
Clearwell Systems, Inc., a leader in intelligent e-discovery , today announced findings from a survey conducted in partnership with analyst firm Enterprise Strategy Group (ESG). The survey, titled “Trends in Electronic Discovery: A Market Perspective” quantifies both the rise in e-discovery and litigation over the past year. Additionally, the survey findings reinforce the need for increased enterprise readiness to manage the expected growth in volume of cases in 2010
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Survey Finds 73 Percent of Enterprises Plan to Bring E-Discovery In-House in Response to Rise in E-Discovery Requests
The new online magazine called Digital Forensics Magazine recently launched to fill the gap between the academic journal and the news-based web sites has just been made available in print due to popular demand There’s a new source of valuable information available for the IT security specialist and for those who are involved in the growing field of digital forensics. A new magazine called Digital Forensics Magazine has been launched in print, as well as online, and it aims to fill the gap between the academic journal and the news-based web sites that were previously the only resources available to the digital forensics specialist
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Digital Forensics Magazine out now in print!
MOUNTAIN VIEW, CA–(Marketwire – 11/16/09) – Clearwell Systems, Inc., a leader in intelligent e-discovery , today announced findings from a survey conducted in partnership with analyst firm Enterprise Strategy Group (ESG). The survey, titled “Trends in Electronic Discovery: A Market Perspective” quantifies both the rise in e-discovery and litigation over the past year. Additionally, the survey …
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Survey Finds 73 Percent of Enterprises Plan to Bring E-Discovery In-House in Response to Rise in E-Discovery Requests (Marketwire via Yahoo! Finance)
15 November 2009 The presentation was made by David Shonka (Principal Deputy General Counsel of the Federal Trade Commission), Miriam Smolen (associate general counsel in Fannie Mae’s litigation department, and in this role she manages complex commercial litigations and government investigations) and moderated by Andrew Goldsmith (First Assistant Chief in the Department of Justice).
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From the Georgetown Law Advanced E-Discovery Institute: E-Discovery in Federal Investigations
15 November 2009 The Institute ended on Friday with a reconvening of the Federal Judges panel that opened the program the first day. Much was discussed (generated by questions from the audience) so we’ll highlight only some of the major points: 1. There was much discussion about privilege, how the volume of information produced by electronic discovery has made the process of reviewing that information, to ascertain whether any of it is privileged from disclosure, so expensive that the result of the lawsuit may be a function of who can afford it. In fact Judge Facciola, who led the discussion, announced that he and Jonathan Redgrave (a presenter at the Institute this year and a partner with Nixon Peabody D.C. and who chairs his firm’s Law Advisors’ team) would have an article published on Monday which presented “The Facciola-Redgrave Framework”. They submit that the majority of cases should reject the traditional document-by-document privilege log in favor of a new approach that is premised on counsel’s cooperation supervised by early, careful, and rigorous judicial involvement. That cooperation, having first led to an agreement as to what categories of information will be eliminated from any privilege review because the information is so clearly not privileged or so clearly privileged, will then focus on categorization of the information that must be reviewed. The article was published over the weekend in the Federal Court Law Review and can be accessed here . 2. Lawyers can no longer plead ignorance about e-discovery technology. Yes, it has become nuanced and sophisticated and in many cases is not inexpensive. As was repeated throughout the conference whenever “proportionality” had a chance to raise its head, the merits of a case can easily be overshadowed by discovery costs and complexity. But there are very smart software vendors out there, and independent EDD consulting companies, who can get attorneys through the myriad formats and technology to identify, preserve, collect, review, etc
Madoff Computer Aides Arrested for Ponzi Scheme Role Friday, November 13th, 2009Two computer programmers who worked in the Manhattan offices where Bernard Madoff masterminded a multibillion-dollar Ponzi scheme were arrested by federal agents for their role in concealing the fraud for more than 15 years. Jerome O’Hara and George Perez, who worked on the 17th-floor of the midtown building where Madoff’s investment business was run, helped construct the “house of cards” that enabled him to defraud investors over decades, Manhattan U.S. Attorney Preet Bharara said today in a statement.
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Madoff Computer Aides Arrested for Ponzi Scheme Role
In the age of e-discovery, it’s been drilled into business executives’ heads that you shouldn’t put anything in an e-mail that you don’t want to see on Page 1. Now, in light of developments in the Galleon Group insider trading case, the next edict might be to avoid feeding the headlines with something you say on the phone. The case marks the first time the federal government has used wiretaps in an insider trading case.
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Insider trading: Nowhere to hide anymore using phones or e-mail
Reporting: Scott Madsen for The Posse List In what portended to be a great day-long seminar on ediscovery search, the opening multimedia presentation by Ralph Losey and Jason Baron set the bar high. This was the “beta version” of a presentation that Losey and Baron will give at LegalTech in New York City on February 10, 2010. It was worth the trip to Tyson’s Corner.
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Capital One’s First Annual Seminar on E-Discovery: The Future of Search
Collection to the Cloud service lets firms transfer data to Autonomy’s Digital Safe archive Enterprise software giant Autonomy today launched a cloud-based e-discovery service designed to enable organisations to collect, store and search electronic data held in its Digital Safe archive. The Collection to the Cloud offering forms part of the company’s Legal Hold litigation management suite of products and enables customers to analyse and aggregate relevant data from a range of sources using its meaning-based search engine. Such sources include laptops, desktops and more than 400 enterprise repositories such as file, email and Microsoft’s SharePoint collaboration and document sharing servers, said the vendor
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Autonomy takes e-discovery to the cloud
Preface: If we are to believe the prognosis of many economists, the current recession is on the verge of ending. The rebounding economy will most likely re-invigorate corporations to push their markets globally. This, in turn, will further push litigation and regulatory enquiries globally. The best prepared corporations will have a litigation readiness and response plan in place that adheres to the European Union Directives and other information management and discovery protocols. It is no longer a question of “ if ” litigation support professionals need to be prepared for discovery requests that go beyond US borders; it is a question of “ when ”
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Global electronic discovery
On Thursday, November 19th, Exterro will Web-cast a one-hour panel presentation of e-discovery experts who will “show why project management is the key to success for every e-discovery undertaking by deconstructing the electronic discovery reference model from a new perspective: Integrated project management.” The Web-cast, titled “A Simplified Approach to E-discovery Workflow” is scheduled to start at 10:15 a.m. USA-Pacific Standard Time.
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Nov 19th: free webcast from Exterro “Why Project Management is the Key to Success for Every E-discovery Undertaking”
Packaged software powerhouse Microsoft on Thursday released a paper outlining privacy concerns businesses should consider prior to leaping into the computing “cloud.” Shifting to software being hosted online as services in the Internet “cloud” brings enormous economic potential as well as serious questions about protecting data, according to Microsoft. Companies should know where their data is sitting in the cloud and be guaranteed that they dictate who accesses it and when, according to Microsoft
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Microsoft raises cloud computing concerns
Like a bad Hollywood thriller, law firm technology has a villain that’s all too easy to spot. The economic downturn has — to no one’s surprise — taken a toll on the coffers of law firm IT departments: Fully one-third of the 110 Am Law 200 firms participating in our fourteenth annual survey of technology directors reported that their capital budgets were down more than 10 percent this year. Staffing levels and salaries have taken hits, and equipment purchases and software upgrades have been put off
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CIOs are trying to persuade their reluctant bosses to consider more cost-efficient, cutting-edge tools
Lawyers in the Qualcomm discovery scandal claim that the company misled and stonewalled them, ultimately leading to the failure to turn over a mountain of relevant evidence and harsh sanctions from the court. The allegations were made in briefs filed Monday by lawyers from the now-defunct Day Casebeer Batchelder & Madrid, who for the first time are telling their side of what has become the most infamous discovery fiasco in recent times. Qualcomm Inc.
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Lawyers in Discovery Scandal Say Qualcomm Lied