Sunday, July 31, 2011

Dr. Seuss, Cheese and Social Media - Part 2 Ethical Pitfalls, Pretexting and Duty of Candor

http://ow.ly/5Rtqj

Article on Quarles & Brady eDiscovery Bytes blog, posted by Wendy Akbar.


The article discusses the dangers associated with use of social media by an attorney.  The act of "Pretexting" is discussed, which refers to when someone obtains information through social media through false pretense. This is a growing area of concern, and the article points out several areas where an attorney can run afoul of ethical obligations by engaging in pretexting.

Saturday, July 30, 2011

Customers, Service Providers May Have eDiscovery Gap

http://ow.ly/5R5L1

Article by Evan Koblentz published on Law.Com, LTN website.

The article focuses on the complaint that is regularly made by the legal profession, eDiscovery software is developed by engineers that don't understand how attorneys peform their services. In addition, the article points out that law firms often don't appreciate the true level of expertise the service providers possess. 

There will be a broad study coming out later this year, expected in the fall, regarding the use of software and servcies, that provided "Early Case Assessment" services, and eDiscovery services, which will shed further light on these issues.

Russian Enacts Amendments to Data Privacy Laws

http://ow.ly/5R5k6

Posted on the Privacy and Information Security Law Blog, by Hunton & Williams, law firm.

Russia has been subject to several data breaches in recent months, hence they have have moved to alter data privacy rules.  The transfers of data are being limited to other EU states, or approved countries that can guarantee data protection.  

The article states, "The new rules allow personal data to be transferred outside of Russia to (1) EU member states, or (2) nations that are approved by a Russian federal agency authorized to designate countries that can guarantee adequate protection for personal data. In addition, personal data may be transferred with the prior written consent of data subjects, or if required by Russian federal legislation or international treaties."

The opinion of the writers of this blog is that this new regulation should also impact how eDiscovery matters involving ESI stored in Russia will be handled. However, as data continues to be moved to cloud computing, protections such as these may not have as broad of a reach as they are intended to have, as data belonging to Russian corporations that is stored in the cloud, may not receive the protections intended by this new enactment.

Friday, July 29, 2011

New York Post Staff Told to Preserve Documents Relating to Phone Hacking

http://ow.ly/5QVaa

Article by Ryan Nakashima on the Huffington Post.

The New York Post's staff has been instructed to preserve documents that relate to phone hacking, as part of the ever widening investigation into the News Corp. scandal.


The article states, "U.S. Attorney General Eric Holder plans to meet on Aug. 24 with some 9/11 family members about an FBI inquiry into allegations that News of the World journalists attempted to bribe a former New York City policeman to get phone records of Sept. 11 victims.

The FBI probe is in its preliminary stages and it is unclear if it will look at News Corp. properties beyond the U.K. tabloid."

Star Trek Meets eDiscovery - Episode 1

http://ow.ly/5QTeJ

Article and video from the eDiscovery Team blog, by eDiscovery expert Ralph Losey.

This is an animated video, the first in a series of episodes that are said to be forthcoming.  The video focuses on the humorous scenario of what would happen if the Sedona Conference took over the Starfleet Command and forced Captain Kirk into the Neutral Zone.

Amended Complaint in McDermott Case Names Hudson Legal and Navigant

http://aceds.org/news/former-mcdermott-client-amends-malpractice-complaint-naming-hudson-legal-and-navigant-service-p

The case involving allegations of negligent supervision of the attorney review process against McDermott has now been amended to add the two service providers that were involved...Hudson Legal and Navigant.  This case is being cited regularly by litigation support service providers, as it will help establish some clarification as to the role that outside counsel should play during the workflow process that takes place in the attorney review phase of litigation.

Foreign Applicant's Request to Intercept Emails "Manifestly Contrary" to U.S. Policy

http://ow.ly/5QpwM

In re Toft, No. 11-11049 (ALG), 2011 WL 3023544 (Bankr. S.D.N.Y. July 22, 2011)

In this case, the U.S. Court refused to enforce a German Court order that would have allowed the applicant to intercept certain emails, stating that it would be a violation of U.S. law, and would be "Manifestly Contrary" to U.S. policy.  The data in this case resided on servers in the U.S. and the Court stated it would be a violation of the Wiretap Act, and certain portions of the Electronic Communications Privacy Act, to enfore this German Court order.

You Don't Need an Army - EDD for Everyday Lawsuits

http://ow.ly/5Qo19



Article by Tom O'Connor on Law.com on LTN News.

The article discusses the fact that eDiscovery services have begun providing more aggressive pricing, and can now be utilized more readily, even in smaller cases.  The article discusses comments made by top EDD experts such as Browning Marean, Esq. Senior Counsel of DLA Piper, and Craig Ball, Esq. 

The article discusses the use of eDiscovery in larger, high profile cases, but also addresses how to use effective eDiscovery strategies in smaller matters.  This article is a very good resource to those faced with cases that have smaller volumes of ESI, but still enough ESI to make it necessary to be concerned with.

Thursday, July 28, 2011

Cowen Group Leadership Roundtable Series Stops in SF

http://www.eddupdate.com/2011/07/the-cowen-group-sf-leadership-roundtable-seriers.html

These events bring together the industry leaders who represent a broad scope of today's Litigation Support community.  The goal is to think collaboratively about the market landscape and get a better picture of client expectations, cost efficiencies, and new strategies being employed by peer organizations. SRM is a proud sponsor of the Leadership Roundtable series. 

Why There Will Be More Legal Jobs in 2012

http://www.lawmatch.com/blog/index.php/2011/07/27/more-legal-jobs-in-2012/

There are signs that there may be room for optimism in finding entry level jobs for lawyers next year. In this article by lawmatch they take a look at some of those reasons why they are so optimistic.

Handle Loaded eDiscovery Tools with Care

http://ow.ly/5PtVN

Article appearing on Law.com on LTN written by Sean Doherty.

 The article quotes Computer Forensics and eDiscovery expert Craig Ball, Esq., as he says "it's time to learn" technology and be better prepared to deal with eDiscovery.

The article discusses a case in Connecticut involving child pornography that allegedly existed on a hard drive.  The prosecutor apparently inadvertently accessed privileged attorney-client communications about the case he was prosecuting, during his examination of the data on the hard drive which was alleged to contain the illegal images. Compounding the problem, the prosecutor did not notify the defense of the fact that he had seen privileged materials until approximately 1 year later.

There are many pitfalls associated with the review of ESI...if you aren't truly prepared to deal with such issues, seek the help of additional experts, and other resources that are available to you.  Don't try and learn as you go, as there are just too many mistakes that can be made along the way. When dealing with ESI, it is often impossible to put the rabbit back in the hat, so don't let it out in the first place.

Not All Early Case Assessment is Created Equally - Part 2

http://ow.ly/5Pp5I

SRM Legal's Joe Bartolo, J.D. has the 2nd part of his 4 part series regarding "Early Case Assessment" appearing on www.mylegal.com.  The article focuses on the use of early case assessment as part of an overall eDiscovery case management plan.

A link to the full article is provided within, as well as here:



The article appears exclusively at www.mylegal.com, and SRM Legal is a premiere member of www.mylegal.com.

Early case assessment, and where it fits on the EDRM diagram, and how to best use the technology provided by ECA will continue to be an interesting topic for several years to come.

Should you have any questions or comments, SRM Legal would be happy to receive your feedback.  




Wednesday, July 27, 2011

Defining "Reasonable" in eDiscovery Not Easy

http://ediscoveryjournal.com/2011/07/defining-reasonable-in-ediscovery-not-easy/

Article by Barry Murphy on eDiscovery Journal website.

What exactly does "reasonable" mean for your organization.  What is a "reasonable" effort to comply with eDiscovery obligations?  As the article points out, it really is a fancy way of saying "it depends."

The article describes what some of the lecturers at the Carmel Valley eDiscovery retreat had to say last week, and many of the apparently tried to offer definitions regarding what constitutes a "reasonable" eDiscovery workflow for their specific industries.

An Introduction to Legal Issues Surrounding Social Media

http://ow.ly/5OO9k

A powerpoint presentation by Daliah Saper of Saper Law Offices in Chicago.

This informative popwerpoint touches on some of the key issues of concern to corporations, regarding employees use of social media. Corporations can be held accountable for employees use of social media in the workplace, and there are many areas where potential liability for damages can arise.

The presentation references several ways in which corporate liability can be created by social media:  Defamation; Privacy; Interference with Business; Negligence; Contract; Trademark; Copyright; Sexual harrasment; and Discrimination.  All of these concerns are causing corporations to try and regulate the use of social media within the workplace.

Give Me All of Your Documents!

http://ow.ly/5OruS

Article by Katherine Gallo published by Resolving Discovery Disputes Blog.

This article is specific to California practice but makes some useful points that can be applied to other State and Federal matters.  The article provides points as to best practices for drafting discovery requests.  A general discovery request that is overly broad and not tailored to the specific case is not likely to be helpful if you need to seek sanctions against the opposition if they fail to comply.

Categorize your requests for discovery and seek specific documents.  Don't lump everything together and ask for everything including the kitchen sink.  A properly worded discovery request can provide many benefits to counsel down the road as the litigation unfolds.

Tuesday, July 26, 2011

Managing Records Means Managing Assets, Risk and Costs

http://ow.ly/5O6MH

Article by Nicole Stempak posted on Business Finance Magazine's website.


This article states that data is an asset, as well as a risk and with the electronic issues pertaining to data security, there are certainly many more corporations paying closer attention to their data than ever before.


The article contains an insightful quote..."What we're seeing is a much more methodical and interdisciplinary approach because, frankly, this stuff is getting way too hard for one department to handle or for one department to dictate what another one is supposed to do," says Christine Taylor, an analyst at The Taneja Group, an analyst and consulting firm for the technology storage industry. "There's just too much, too many implications, too many questions, too much uncertainty."


The writers of this blog have noticed an increasing trend...compliance and risk management seems to be overlapping more with eDiscovery processes, as corporations struggle to manage the vast amounts of electronic data that is being shared via email, texts and social media.  It is certainly an interesting point in time to be involved in eDiscovery, as the area is in a major state of flux.

Now it's the Lawyers Turn to be Sucked Into the Phone Hacking Scandal

http://ow.ly/5O51A

Article on Butterworth and Bowcotton Law blog.

Apparently attorney's phone messages have also been hacked in the ever widening reach of phone hacking scandals.  The article reports as follows:  "The Law Society has even suggested justice itself is under threat, implying messages could have been intercepted with the intention of influencing court cases."


These are some scary times, and these hacking scandals need to be addressed quickly, or else there will be no trust in the authenticity of electronic communications.

White House Releases CyberSecurity Blueprint for Healthcare

http://ow.ly/5NYAT

From the law firm of Patton Boggs' website.

The article outlines a proposal being considered in the House of Representatives regarding Cybersecuirty that will need to be implemented by healthcare providers.  The proposal is still under review, and when the government is finished dealing with the pressing debt ceiling situation, they will continue to tackle the issue regarding required levels of security of digital health information.

Protocols regarding notificiation of data breaches will be outlined in the legisltation as well, and the attached article outlines other issues that are being tackled in the proposed legislation, including provisions against restricting data to be held within a State.

The Top Ten Wastes of Client's Money - Part 9 in a 10 Part Series

http://ow.ly/5NQcd

Article by James Moeskops, from the Smart eDisocvery Blog.

The 8th section of the 10 part series of this article also was posted on this blog.

This is a comprehensive article that discusses areas that can be seen as a waste of the client's money, if not applied properly to the right set of circumstances.  Part 9 of this article, provided in the link above discuses the selection of a technology expert, and what is likely to happen if the someone with the wrong type of expertise is selected for a case.

Are Student Cell Phone Records Discoverable?

http://ow.ly/5NEQy

Article on Law.com on LTN News by Joshua Engel.

Are student's cell phone records required to be disclosed to authorities.  This is illustrated in the recent case N.N. v. Tunkhannock Area School District, Civil Action No. 3:10-CV-1080, U.S. District Court for the Middle District of Pennsylvania.   In this particular case, a teenage student whom was not yet 18 had used a cell phone on school property in violation of the school's policy.  The phone was taken by school administrative officials, and inappropriate photos were found in the phone, however the photos had not been uploaded to the internet.  The student was compelled to take a re-education course regarding sexual victimization, under the threat that failure to do so would result in child pornography charges.  The student is now suing alleging a violation of her First and Fourth Amendment rights.   This case will hopefully provide some additional clarity to situations such as these, and when school officials have the right to search through the contents of a student's cell phone, or other mobile data device.



Monday, July 25, 2011

Are EU Data Protection Laws Irrelevant? Does the U.S. own the Internet?

http://ow.ly/5N4IW

Artile entitled "EU Politicians Realize US View of De Facto Ownership of the Intenet Makes Their Data Privacy Laws Irrelevant."

Article appears on TechDirt.com. No author is listed.

The article discusses a question of great interest to the writers of this blog....exactly how should jurisdcitional disuptes regarding data on the internet be resolved? 

Appartently, U.S. officials feel that the U.S. has ownership of any website ending in .com or .net.  Due to the broad reach that the U.S. feels it should have over the internet, the EU privacy laws seem to have less importance in the eyes of U.S. officials.  With the continuing trend of moving data to the cloud...it seems that the U.S. will continue to assert control over data at an increasing rate.

Is the EU Safe Harbor dead? 

Jurisdictional issues surrounding the use of data, and the physical location of data, will continue to be an interesting topic, without fully established answers, for the forseeable future.  The variations in priavacy rights among different countries and cultures will also continue to make this area a murky area of law. 

How Governments are Using Social Media - For Better and For Worse

http://ow.ly/5N4AD

An article appearing on Mashable written by Zachary Sniderman.

The article touches on the use of social media by governments.  The article specifically addresses use of social media by U.S. political parties, as well as use by the Canadian and Russian governments.  In addition, the article references the issues that social media has caused as it comes into conflict with privacy laws such as those in the U.K.

EDD Update - Mid Year Survey Results from Gibson Dunn

http://ow.ly/5MOL1


EDD update - mid-year results from Gibson Dunn survey.

82% increase found in number of identified eDiscovery opinions over mid-year last year.  Court awarded sanctions at virtually the same ratio in the percentage of cases identified last year.

This is an interesting survey, and the link to the full survey results is found within the link above, which is a summary of the survey's findings.

Class Action Suit Filed Against Dropbox

http://ow.ly/5MN9B

Article posted on Privacy and Informtation Security Blog by Hunton & Williams.

There has been a class action filed in the Northern District of California as result of the data breach that took place involving Dropbox.  The suit alleges failure of security, and also alleges failure to notify many clients of the data breach.

This suit may help provide some guidelines regarding wha is considered a "reasonable" time frame to notify clients of a data breach.

Sunday, July 24, 2011

It's Not the People, It's the Platform

http://ow.ly/5M4lv

Article by Margie Clayman posted on Social Media, Markets & Musings website.

The article discusses the fact that many expect Google + to assist the growth of their business.  However, what is more important than the platform, is the people you are interacting with through the platform, and the content you are sharing with them.

Yet another example of the fact that when it comes to most computer related issues....the combination of three key factors need to all be part of any successful plan:...People; Process and Technology.

Saturday, July 23, 2011

Court Tests Right to Withhold Passwords

http://ow.ly/5LOtQ

Article by Matthew Schwartz appearing on Information Week.

Could a DOJ request to compel production of passwords be a violation of a party's Fifth Amendment rights against self-incrimination?  This is the intriguing question posed by this article, and the article outlines a case involving bank fraud allegations where this question is being put to the test.

This will be an interesting case to watch, and the outcome should provide some useful insight for future matters.

Podcasts: Neutrals and Special Masters in eDiscovey

http://ow.ly/5Lz4X

This is a podcast posted on Peter Vogel's blog Internet, Information Technology and eDiscovery.

The podcast is focused on the use of Special Masters, and other industry experts, to help resolve disputes involving ESI, and eDiscovery practices.
The podcast features U.S. District Court Judge Hon. Arthur Schwab, Allison Skinner, and Timothy Opsitnick, and discusses the American College of eNeutrals, and the efforts to train mediators and discovery referees. Karl Schieneman moderates the podcast's discussion.

This blogger has been involved in MDL matters, having submitted suggested names to the Court as potential appointees for Special Master positions, and increasing the pool of experts that are qualified to handle this type of role is certainly a positive development, as disputes surrounding eDiscovery continue to rise.

Friday, July 22, 2011

How Fast is Fast Enough to Tell Customers About Data Breaches

http://ow.ly/5Lr8v

Article by Sue Reisinger posted in Law.com on the Corporate Counsel page. 

The article touches on issues pertaining to data breaches, and the obligations to notify client's whose data might have been accessed.

The artilce outlines the Comerica breach, and the Citicorp breach, and the vast differences in the time it took to notify customers.  The author also points out the need for possible Federal regulations to address the issue, and provide regulations regarding what a reasonable amount of time would be to notify customers of a data breach.
http://www.lexology.com/library/detail.aspx?g=5571fb08-d921-4ca6-a429-25c62a678c25

U.S. Readying News Corp. Subpoenas

http://ow.ly/5KTKW

Article by Tucker Reals on CBS News World website.

The United States will reportedly be issuing subpoenas to employees of News Corp. in light of the major hacking scandal that continues to rock Ruper Murdoch's empire.

This scandal will continue to keep computer forensics and eDiscovery in the news, and should interesting plot lines will continue to unfold.

Civil litigation will likley be close behind, as the criminal investigations continue.

Social Media Content Causes Extra Costs to Companies Not Preserving It

http://ow.ly/5KTiE

A press release issued by Symantec, whom recently purchased Clearwell.  Clearwell remains a valued partner of SRM Legal.

The press release states that "Social media incidents cost typical company $4 million over past 12 months".

Corporations that are not actively taking steps to control social media content, and preserve it when the duty to preserve arises regarding litigation, are faced with costs that will continue to escalate.  2011 is already being referred to as the year of the sanction, failing to deal with social media content will just continue to increase this trend.

SRM Legal can assist corporations in designed plans and improving the efficiency of worklows, and the solutions provided through Symantec's technology can certainly be of great cost-savings when used in a proactive manner.

Committee Ponders EDD Changes to FRCP

http://ow.ly/5KSNC

Article by Evan Koblentz posted on LTN website.

There is a scheduled Judicial subconference comittee meeting on Septemeber 9th involving select attorneys, committee members, and eDiscovery experts to discuss the possible need to revise the Federal Rules of Civil Procedure, to supplement the rule changes that went into effect in 2006. 

The article points out some of the areas that will be discussed, that could be the target of additiona revisions.  The article quotes former Magistarte Judge Ronald Hedges, whom wisely states that he feels that changes are not neccessary at this time.  This blogger fully agrees with the quotes made attributed to Ronald Hedges.

It should be an interesting meeting on September 9th, and if there are proposed changes, as the author of the article points out, there are no changes likely to be approved until at least 2013.

The Cloud: One of the Four Horsemen of the Coming Tech Apocalypse

http://ow.ly/5KS8R

Article by Doulgas Wood, Esq. a partner in Reed Smith, appearing on LTN webiste.

The article points out concerns regarding Cloud computing for corporations. The Cloud will offer great savings however there are risks associated with Cloud use.  As the article points out, there are potential issues regarding Cloud usage, which include:  Security; Politics; Continuity; and Corruption.  This article is the intial part of a series, and other concerns about legal technology are to follow. 

Are we in for a Tech Apocalypse?  Is there one already upon us?

Thursday, July 21, 2011

How to Make eDiscovery an Effective Solution Rather Than a Burden

http://ow.ly/5KvN0

An aticle from PakHawk.com - no author listed.

The article touches on the fact that eDiscovery should be used as a means to be more efficient, and through the use of cost-effective solutions eDiscovery should not be viewed as being an undue burden.

As the article states:  "As no single approach is 100% perfect, eDiscovery can prove to be a worthwhile process when it provides the ability to cull documents and maintain an audit trail that increases defensibility as a case proceeds."

eDiscovery will impact the Healthcare Industry More Than it Has in the Past

http://ow.ly/5KvDJ

From B&L Associates eDiscovery blog..no author listed.

The link above states that the technological improvements being forced upon the healthcare industry via new government regulations are a double-edged sword.  The healthcare providers will be more efficient in providing and billing for their services, however the electronic records they will be required to keep will also be sujbect to eDiscovery requests in future litigation.

How Much Data is Facebook Giving Law Enforcement Under Secret Warrant

http://ow.ly/5K0OO

Article by Sharon D. Nelson, Esq. posted on the blog Ride the Lightining. 

This article touches on the fact that Facebook has been frequently sent data production requests under government warrants.  Since Facebook is often sent non-party production requests, due to the fact that they possess user content that is sometimes involved in investigations, Facebook (as many other social media sites, and internet service providers) is often faced with making decisions about what data they need to turn over to legal authorities.

As the artilce points out...there is no way for citizens to know how much data Facebook is really turning over to authorities, in both criminal investigations.  Apparently Facebook has been sujbect to at least 11 requests from government authorities since the start of 2011.  In addition, the article does not refernce civil proceedings where data is being requested, and I am confident that Facebook is riddled with subpoena requests (and possibly Court orders) in civil proceedings.

As the article states:  "What interested me most is that these warrants demands a user's "Neoprint" and Photoprint" - terms I had never heard before which apparently appear in law enforcement manuals and refer to a Facebook compilation of data that the users themselves do not have access to. So much for Facebook's claim that the "Download Your Account" button gives you everything that Facebook itself possesses." 

Big brother is watching...and seems to have more access to user content than the user who posted the data has.

Pfizer Yanks Facebook Page After Hacking Incident

http://ow.ly/5JVkb

Article by Julie D. Andrews appearing on the All Facebook Page Unofficial Facebook Resource website.

Yes...Pharmaceutical giant Pfizer had its' Facebook page hacked.  Unauthorized content was posted, allegedly by a group of hackers from the U.K.  This lead to Pfizer taking down the Facebook page yesterday. Included in the hacking attack was red ink blotting out the Pfizer logo, and a reference to a 2.3 billion dollar settlement paid by Pfizer in response to a 2009 U.S. investigation of the Pfizer's practices.

The Past, Present and Future of eDiscovery - a Video Interview

http://ow.ly/5JUP4

Video interview with Albert Barsocchini, attorney and consultant, formerly of Guidance.  Inteview conducted by Monica Bay of LTN Magazine, regarding the past, present and future of eDiscovery, as Albert sees it.  Click the link above to view the video...the picture below is just for effect and won't play, no matter how hard you click your mouse.

The Top Ten Wastes of Clients Money (eDiscovery)

http://ow.ly/5JTf0

Article by James Moeskops on the Smart eDiscovery blog.  This article is part of a series that outlines thoughts regardging the 10 biggest ways a client can waste money during the discovery process. 

According to the article, which is now up to point number 8, the biggest wasteful practices are:

Previously…
Waste #1 – Printing Electronic Documents
Waste #2 – Reviewing Electronic Documents in ‘Native Form’
Waste #3 – Not Consulting with Experts at the early case assessment and document collection stage
Waste #4 – Selecting wrong or misleading keywords for searching
Waste #5 – Inefficient Document Review Workflow
Waste #6 – Failure to use advanced search/review technologies
Waste #7 – Manual Creation or Reformatting of Document Lists/Indexes
Waste #8...with a link provide at the top of this post, is listed as being "Inefficient Manual Production of Bundles."
This blogger agrees with most of the points referenced in this article, and looks forward to points 9 and 10.  Pay special attention to point number 3, as that is a major waste if ECA is not part of your workflow.

Wednesday, July 20, 2011

SRM Legal to Sponsor an Event for the Virginia Women in eDiscovery

http://www.scribd.com/doc/60502349/Blog-Newsletter-Form-SRM-Women-in-eDiscovery

SRM Legal will sponsor Women in eDiscovery event scheduled for tomorrow, July 21st for the Virginia chapter.

Frank Canterino, EVP of Sales & Client Services for SRM Legal will be addressing the group, and providing information regarding technological solutions supported by SRM Legal. SRM Legal is pleased to be involved as a sponsor of the Women in eDiscovery organization.

See further information about this upcoming event at the link above.

News Corp. Scandal - U.S. Entities May Have Been Hacked and Bullied Too

http://ow.ly/5JAlw

Article in the ABA Journal Law and News by Martha Neil.

The Murdoch scandal involving News Corp continues to widen. The FBI is reportedly investigating claims that U.S. Corporations were also hacked by divisions of News Corp.  New Jersey U.S. Senator Frank Lauternberg is calling for a deeper investigation by Federal Authorities based on alleged hacking of a New Jersey based corporation.

Effective Use of Mediation and Arbitration in Healthcare

http://www.jdsupra.com/post/documentViewer.aspx?fid=7539bf04-b25d-4cb0-8596-47ad34889748&utm_source=legalalerts&utm_medium=jdstweets

Article posted on JDSupra website by R. Wayne Thorpe, JAMS.

The article touches on the fact that new government regulations will create additional litigation in the healthcare industry and that providers need to be prepared to use mediation and arbitration effectively to meet these new demands.  Anti-Fraud regulations, and greater enforcement by the DOJ is likely to cause challenges to healthcare providers, and reducing litigation costs will be essential.

Not All Early Case Assessment is Created Equally - www.mylegal.com

http://ow.ly/5JkUs

Above is a informational flyer regarding an artilce written by Joe Bartolo, J.D., Director of Corporate Sales and Hosting Services for SRM Legal.  The article pertains to the use of Early Case Assessment (ECA), and is the first part of a four part series that will be appearing on www.mylegal.com.

The link to the actual article is set forth here:  http://bit.ly/oVqAwa

If you are using ECA as part of your eDiscovery process...how are you using it?  If you aren't...why not?

Case Study - Long Term Care Risk Forum - Use of ECA via SRM Legal

http://ow.ly/5Jj2T

The attached document provides information regarding the use of "Early Case Assessment" (ECA) technology by a top 5 provider of Long Term Healthcare services through SRM Legal, utilizing "Black Cat" technology by Valora Technologies.  SRM provides various litigation support services to members of the Long Term Risk Legal Forum, and ECA technological solutions assist SRM's corporate clients in reducing their legal costs, and improving their efficiency.

Can You Hear Me Now? Don't Forget Mobile Devices in Social Media Policy

http://ow.ly/5J7RT

Article appearing on Ohio Employer's Law Blog by Jon Hyman.

The article discusses the need to address mobile devices when creating an employment policy regarding the use of social media at the workplace.  This is an area of law that remains in great flux, but certainly any comprehensive policy needs to consider how employees are using smartphones and other mobile devices.

As pointed on in the article...more American's have smartphones than college degrees.  I guess that means our phones are smarter than our citizens.


Written by Jon Hyman, a partner in the Labor & Employment group ofKohrman Jackson & Krantz.

eDiscovery Retreat in Carmel - Reflections from Day 1

http://ow.ly/5J6uM

Article posted by Barry Murphy on eDiscovery Journal website.

The article provides a recap of some of the discussions that took place during the first day of the Carmel Valley eDiscovery treat that is presently underway.  Many of the top minds in the eDiscovery field are present at the retreat, and there will apparently be some interesting academic comments circulated regarding "Best Practices" for eDiscovery.

Larua Zubulake, the most famous plaintiff from an eDiscovery dispute to date, provided the opening keynote address. 

An informative from quote from the recap of the first day of the retreat is provided by the author of the article, "ESI in civil litigation is akin to DNA in criminal investigations. A digital fingerprint is often the key to proving the case. And, there is nothing like showing a witness an email found in discovery so the witness is forced to answer to it."

Phone Hacking Scandal Keeping Lawyers Busy on Both Sides of Pond

http://ow.ly/5J5tL

An article on The Am Law Daily Site posted by Tom Huddleston, Jr.

Some heavyweight law firms are being engaged to deal with many aspects of the phone hacking that surrounds the News Corp. scandal.  This scandal will continue keep ESI issues in the forefront of the news, and highlight the importance of eDiscovery to corporations and law firms alike.

FTC Chief Says Consumers Should Control Their Data on Social Networks

http://ow.ly/5J51i

An article from AdAgeDitgital.com written by Edmund Lee.

The article provides a transcript of an interview of David Vladeck, Head of the FTC's Bureau of Consumer Protection. The article touches on some key differences between the EU and the U.S. and sheds light on the conflict that is growing due to the use of social media networks.

"...our legal regime in the U.S. is more complicated, because of our system of laws that says Ed has a right to post a picture of David, even if David is unhappy with that picture. The absence of any sort of First Amendment or broader concept has made that debate easier in Europe than it would be here in U.S." said Mr. Vladeck. 



Tuesday, July 19, 2011

Who Are America’s Best-Paid General Counsel?

http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202500716658

Corporate Counsel just released its annual list of the highest-paid general counsel in the land. On the whole the news is good according to the magazine: “If last year’s GC Compensation Survey showed the aftereffects of the deepest trough of the recession, this year’s results show that chief legal officers made steady gains and recovered some momentum."

Compliance in Flux as Confusion Surrounds Social Network Monitoring

http://ow.ly/5IlDl

Article by Paul Korzzenikowski posted on Searchcompliance.com. The article references the continuing growth of social media and the need for corporations to monitor the content being posted on such sites.  The link above will require a log-in that can be obtained through a free membership. 

The impact of social media on regulatory compliance, risk management and eDiscovery will continue to be a major issue for the forseeable future. 

The Importance of Friction When Considering Cloud - A Blogger's Rant

http://ow.ly/5I0Uq

An enjoyable and informative rant by Chuck Hollis, Global Marketing CTO of EMC corporation, from Chuck's blog.   This article warns of the need for "friction" with respect to the use of the Cloud.  The article references the "Tragedy of the Commons" and applies the same logic as it applies to the Cloud...there is a competition to use shared resources to your advantage, often to the detriment of those sharing the same resource.

 Chuck outlines the concept of friction, and argues that a little friction is a good things . There are very wise insights throughout this article that warn of the dangers associated with trying to create a perfect I.T. environment.  As the author of the article states, "Maybe the demand for IT resources is infinite, but supply certainly is not."

Some Friction is a good thing...none is just dangerous.

Windows Live Response - Computer Forensics

http://ow.ly/5I0Am

Article by Dale Davidson appearing on the ezline@rticle blog.  The article touches on issues that arise during a forensic collection where a windows based PC is involved.  There are always various aspects that differ in forensic collections, due the I.T. infastructure involved.  This article outlines some of the issues that need to be addressed and planned for during a computer forensic collection.

Monday, July 18, 2011

Outgoing Federal CIO Warns of an "I.T. Cartel"

http://ow.ly/5HDdJ

Is there really an "I.T. Cartel" of data service providers?  The article written by Patrick Thibodeau of Computer World discusses Vivek Kundra, outgoing Federal CIO, and his remarks and concerns about the future of U.S. government data storage. Privacy rights are being stripped away by social media, and cloud computing....what can be done to protect against further loss of privacy?

Do Lawyers Need to Eat Their Peas? (or learn about eDiscovery)

http://ht.ly/5Hyrl

An article by Daryl Shetterly of LeClair Ryan and posted on their blog e-discoverymyth.com.  The article provides some common sense insight into the fact that not all attorneys will need to learn about e-Discovery, but that firms that litigate should likely have specific resources that can be relied upon to handle the complex issues that surround e-Discovery.  Firms that don't know what questions to ask about such issues as format of production are likely to struggle as volumes of ESI continue to grow.

Connecticut Approves Rules Update for eDiscovery

http://www.ediscoverydaily.com/2011/07/ediscovery-case-law-connecticut-approves-rules-updates-governing-ediscovery.html

An article by Doug Austin on the ediscoverydaily.com blog.  This article outlines the revisions made to the Connecticut Practice Book, which were outlined and approved due to the impact ESI is having upon the legal profession.  Yet another State that has amended its rules due, since the Federal Rules of Civil Procedure were revised in 2006.

On the Road Again



The Cowen Group has taken to the road again for their Q3 Leadership Breakfast and Signature Dinner Roundtable Series. These events bring together the industry leaders who represent a broad scope of today's Litigation Support community.  The goal is to think collaboratively about the market landscape and get a better picture of client expectations, cost efficiencies, and new strategies being employed by peer organizations. SRM's own Frank Canterino will be in attendance.

http://www.cowengroup.com/newsroom/blog/display.php?post=20110718-Road

Discovery of Widespread Illegal e-Discovery Dooms Murdoch

http://summify.com/story/TiOH1o3fh2ZKAAES/e-discoveryteam.com/2011/07/17/discovery-of-widespread-illegal-e-discovery-dooms-the-media-empire-of-rupert-murdoch/

An article by Ralph Losey, a top expert in the field of e-Discovery, posted on the e-Discovery Team blog.

The article dives into the recent Rupert Murdoch scandal, and uses this a clear true life example of the importance and reach of e-Discovery.  This phone hacking, and internet spying scandal is bringing down an empire.  Another reminder of the reach of computer forensics, and the power of e-Discovery processes.

This is certainly not the first technological scandal ,and won't be the last.  However, it should serve as an example, and a warning.

Social Media and Background Checks

http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202501431464&The_Social_Media_Background_Check#

Article by Brendan McKenna appearing on Law.com on the Corporate Counsel webpage.  Very detailed and informative analysis of methods that are presently being used to check backgrounds of employees and prospective employees.
Be careful what you post on the internet, as it could come back to cause problems for you later on at some future time.
Remember...what happens in Vegas, stays on YouTube, Flickr, Facebook, Twitter, Google+ etc.

Electronic Discovery and Your Practice

http://www.mdnews.com/news/2011_07/05848_july2011_electronic-discovery

Article by Nancy Block and Gregory Radomisili of Martin Clearwater & Bell.  The article touches on issues that attorneys must be aware of as our society, and the legal profession, continue to rely upon technological communications.

Can you comply with court orders for data from the cloud?

In this article by M. E. Kabay, PhD, CISSP-ISSMP and Gordon Merrill, MSIA, they conclude their series on security aspects of operating systems mobility and the cloud.

The very nature of cloud storage, and one of its selling points, is that the cloud is dynamic. You only use what you need and shut down what you don’t. A legal concern facing most companies today is legal hold orders and/or search warrants.  So if the court orders a forensic recovery of the lost data from the cloud hard drives can you comply?

http://www.networkworld.com/newsletters/sec/2011/071811sec1.html

Sunday, July 17, 2011

DuPont Avoids Sanctions by Maintaining Legal Hold Practices

http://ow.ly/5Gwyq

Article by Chris Bright from Legalholdpro website.  Analysis of the recent case involving DuPont where the court refused to impose sanctions due to the legally defensible and document practices followed by DuPont.  The use of defensible litigaiton hold practices also enabled DuPont to avoid sanctions. 

How to Manage ESI to Rein In Runaway Costs

The swelling cost of electronic discovery is a pressing issue for businesses everywhere, and many GCs are now resigned to spending ever-larger shares of their companies' budgets on managing and producing massive amounts of electronically stored information. Yet, even amid the rolling waves of e-mails, text messages, spreadsheets, and other digital documents that wash into and out of just about any company during the average workday, proper management of ESI need not translate into a budget-busting nightmare. By taking an informed and systematic approach to the problem, many businesses stand to dramatically lower their e-discovery costs.

Contact SRM Legal for more information, as we have several options to help you better manage your ESI costs.

http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202501500458&How_to_Manage_ESI_to_Rein_In_Runaway_Costs&slreturn=1&hbxlogin=1

Saturday, July 16, 2011

A Complete Guide to Google+

http://ow.ly/5GbW9

A complete guide to Google+ by Ben Parr of Mashable.  Very useful tips on how to use the latest social media phenomenon.

Are you on Google+ yet?  This blogger is.  There is also an eDiscovery category in Google+ "Sparks".  Enjoy it.

Friday, July 15, 2011

What Does the Making of a Surgeon Have to do with ESI?

http://ow.ly/5FS4Y


Article by Michael D. Berman of ESI-Mediation.com.  The article touches on a publication by Magistrate Judge Paul Grimm, a top expert in the area of eDiscovery.  The comments of the article make it clear that eDiscovery standards are not based on perfection, but rather are based on "fairness." This is a very useful article as it sets forth many important precedent cases, and helps define the obligations of handling ESI.  It also discusses what happens when there are software glitches, and when sanctions might be appropriate.

Document Review Under the Microscope

ALM Article by Albert Barsocchini

The J-M Manufacturing Co.e-discovery malpractice suit against McDermott Will & Emery, has caused the document review process to come under close scrutiny. This healthy and long overdue. The review process is costly, complex, requires expert supervision, careful training, defensible protocols and quality control.
Microscope Traditionally, law firms used their first year associates to conduct document reviews. Now we are seeing those associates taking on more of a management function over the review process. Document review is part art and part science that requires unique skill sets. To that end, document review attorneys are becoming specialized and actually making a career of it. Maybe certification is not far behind.
One of the most important decisions in e-discovery, is who to use for the legal process sourcing of the review. Best practices requires having a well thought out document review protocol that is supervised by an experienced professional and having the right review team.

Contact SRM Legal for more information, as we have several options to offer based on the size and scope of the review

Thank you all for reading SRM Legal's Blog

Thank you all for reading the SRM Legal Blog.  The blog has been available less than 1 month, and has over 8,300 visitors.  Thanks for the support and for the comments.  Also thanks to all that have been following Joseph Bartolo and Frank Canterino on Twitter....we appreciate the mentions and the re-tweets.
If there are any suggestions for topics related to the use of Legal Technology, please feel free to suggest topics, and we will do our best to compile materials, or create original content surrounding the requested topic.
To all those that have posted comments, thanks again for all of the feedback.

How are AM Law 100 Firms Using Twitter?

http://ow.ly/5FnrW

Article on law.com  in the National Law Journal written by Adrian Dayton.

Discusses the use of Twitter by top U.S. law firms.  Only 22% of the top firms do not use Twitter.  There was a recent time that the top AM Law firms thought Twitter was "silly"...obviously they don't think so anymore.
The article poses some interesting pointers to attorneys as to how Twitter can be utilized as a resource to their practice.

Why E-Discovery Cooperation Is Best for Both Sides

Mention "cooperation between parties" to a group of litigators and you usually get facetious exhortations to hold hands and sing "Kumbaya." However, when dealing with e-discovery cooperation can and does work. Once the parties understand what is at stake, skeptical posturing can give way to steps that actually benefit both sides.  In this article by Leonard Deutchman he shows you how and why it is in your best interest to work with the other side.

http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202500715763&Why_EDiscovery_Cooperation_Is_Best_for_Both_Sides

Top Ten Law Schools for Graduates Standard of Living:

http://thecareerist.typepad.com/thecareerist/2011/07/law-school-rank-by-standard-of-living.html

What's the endgame of going to law school? Getting the highest-paying job possible in the most glam city in the land? Or settling down to a nice standard of living? This survey uses "median starting salaries, average debt payments, estimated federal and state taxes, and cost of living adjustments for the regions to determine the Top Ten Law Schools..

Has the Privacy Policy of Google+ Been Approved?

http://ow.ly/5FhFy

The FTC has been investigating Google, and Google's first attempt at Social Media, "Buzz", was a disaster.  Now that Google+ is gaining traction and has booming growth....is this another legal headache for Google?
Read the post by Peter Vogel on his blog at the link above, and it includes a link to a longer article he has written on eCommerce Times.

Are you on Google+?  This blogger is...whether or not it is a good thing for Google.

Thursday, July 14, 2011

IQPC Press Release - Oil & Gas Co.'s Need to Develop eDiscovery Strategy

http://ow.ly/5EPPm

Informative press release discussing the need for the Oil & Gas Industry to develop better eDiscovery readiness plans to deal with litigation in the wake of recent disasters. There will be a conference in late September, the 3rd annual IQPC conference, which will be discussing the need to properly preserve ESI, and plan for pending litigation.  Read the press release above.

For more information on the eDiscovery for Oil & Gas Conference, please contact Manjula Dharia, Esq., Program Director at Manjula.Dharia@iqpc.com


How Does eDiscovery Effect the Way We Save Information?

http://ow.ly/5ED25

Article on the S-OX compliance webiste about a White Paper prepared by retired Magistrate, and eDiscovery author Ronald Hedges (a former law school professor of Joe Bartolo, J.D. whom is making this post).

This White Paper, provided in the link below, touches on how the EDRM diagram can be improved upon by applying the GARP (Generally Accepted Recordskeeping Principles).  This is a very useful article to those interested in proper preservation of ESI, and other forms of corporate records.

For a free download of the white paper or for more information, please visit www.arma.org/legal

It is 1:00 a.m. Do you Know Where Your Data Is?

http://ow.ly/5EnAE

Article on ZD Net's website written by Simon Bisson and Mary Branscombe.  The article points out the fact that once data is in the Cloud, those who created and rely on the data are no longer truly sure where it is, and if it is being accsessed by governmental officials in the U.S. via the permissions granted by the Patriot Act.

Remember that the U.S. government can request the data of any individual or company that's using U.S.-owned or hosted services, no matter where that data is actually being held. It doesn't matter if you've geo-locked your data, and it only resides in European data centres, it can still be requisitioned and taken to the U.S.

So much for the EU Safe Harbor?

Spoiling the Party

http://ow.ly/5En6H


Article by Charles Holloway of The Smart eDiscovery Blog.

The article references the recent scandal involving cell phone hacking by News of The World in England.  The article also discusses the Victor Stanley case, and the impact that the guidelines in that case are meant to have on spoliation.  Sanctions will continue for failing to properly preserve evidence when the circumstances are such that a duty to preserve has arisen.

Wednesday, July 13, 2011

Retail Employees - Are They Protected When Tweeting About the Workplace?

http://ow.ly/5E1Wt

Very interesting article regarding the current state of the NLRB's comments about regulating blogging and other social media comments made by employees about events that took place in the workplace.  There may exist certain protections against restrictions imposed by employers that impact the use of social media, if the restrictions impact the employees right to organize, and restrict other forms of constitutionally protected speech.  It is an area of law this is not clearly established but the NLRB will likely address this issue in the near future.  The article does outline some decisions that give partial guidance, but many of the complaints have been settled prior to the Board having to make a widespread ruling.

Article by Seyfarth & Shaw, written by Marshall Babson is a partner in Seyfarth’s New York and Washington offices and John Duke is an Associate in the firm’s Boston office.  Article also credits Lynn Kappelman as an author.

The Four Layer Model Applied to Unstructured Content

http://ow.ly/5E1Mz

An article posted on AIM.com, written by Robert Hillard, partner at Deloitte.

The article discusses the application of the 4 layer model that is suggested to be used against electronic content.  The model is often said to be applicable to structured data, but the author also states it can be equally applicable to unstructured data.  The 4 layers are said to be:  Metrics; Dimensional or Navigational; Normalized or Atomic; and Operational.  The article describes the 4 layer model, and how it can be used to classify unstructured forms of data.

Who Has to Pay the Costs of eDiscovery?

http://ow.ly/5DO37

An article from Law.com that originally appeared in Texas Lawyer.  The article discusses the Federal Rules of Civil Procedure, and the "Cost-Shifting" analysis that is set forth under Rule 26(b)(2)(B).  It also references Texas State laws.  The article poses a good question regarding which party bears the costs, but the answer certainly differs based on the jurisdiction where the lawsuit is filed, and is often determined based on the facts and circumstances of the specific case.



The author of the article provided in the above link is Ileana Blanco, Esq. the managing partner in the Houston office of DLA Piper. Her practice involves advising and representing global energy companies, financial institutions and other multinational clients in complex commercial litigation and disputes.

Patriot Act vs. EU Laws - What is the Likely Outcome

http://ow.ly/5DnpH

Article by Zack Whittaker published on ZD.net.com's blog.  The article touches on the conflict that exists between the U.S. Patriot Act, and the EU privacy laws.  It addresses some possible outcomes as to how this conflict will be resolved in light of the use of Cloud computing.  Will U.S. Cloud providers be banned from working with EU companies?  Are the EU Safe Harbor rules all but dead?  Read the article at the link above, as this will remain a topic that is in a state of flux for the immediate future.

EDRM Model Code of Conduct

http://ow.ly/5DmSA

The Electronic Discovery Reference Model (EDRM ) organization's Code of Conduct is out.  Please see the link above for the new  code.  Also visit their website at www.edrm.net for additional information about the EDRM.


The mission of the EDRM Model Code of Conduct Project is to evaluate and define acceptable boundaries of ethical business practices within the e-discovery service industry, and to issue aspirational guidelines intended to serve as a basis for ethical decision-making by all participants in the e-discovery process.

Symantec: Clearwell Product Integration Coming in 2012

Symantec, known for its security and backup software, has completed its $390 million acquisition of e-discovery specialist Clearwell Systems, manufacturer of the Clearwell E-Discovery Platform, and will launch new integrated products in the first half of 2012.

Examples of upcoming integration include search-in-place techology for e-discovery archives, using backup software for legal holds, and bringing metadata about file creation and ownership into Clearwell data sets. Symantec's existing e-discovery products including Discovery Collector, Discovery Accelerator, and Enterprise Vault, are all part of the plan as well.

http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202500261956&slreturn=1&hbxlogin=1

Tuesday, July 12, 2011

2012 Best Law Firms to Work For

http://www.vault.com/wps/portal/usa/blogs/entry-detail/?blog_id=1260&entry_id=13539

Grueling hours, tight deadlines and demanding work are the standards of BigLaw life, but how associates fare under these intense conditions may depend greatly on quality of life within the firm. When it comes to associate satisfaction, one firm stands out from all of the others in the newly-released Vault 2012 “Best Law Firms to Work For”:

Changing Times in the World of Document Review

http://www.metrocorpcounsel.com/current.php?artType=view&EntryNo=12421

Interesting article by Christopher M. Gallagher, Esq. of Special Counsel, published on MetropolitanCorporateCounsel.com.

The article outlines issues related to cost reduction methods applied to the attorney review process associated with litigation. The article references recent case examples where deficiencies in the review process were apparent, yet also discusses methods for addressing the balance between cost reduction and the need to fulfill the obligations associated with a legally defensible attorney review process.

Many of the solutions referenced in this article are available through various solutions that SRM Legal provides to its' client base.

Uniform Legal Material Act Approved

http://ow.ly/5CZ1J

July 12, 2011 — A new act approved today by a national law group establishes an outcomes-based, technology-neutral framework for providing online legal material with the same level of trustworthiness traditionally provided by publication in a law book.  The Uniform Electronic Legal Material Act was approved today by the Uniform Law Commission (ULC) at its 120th Annual Meeting in Vail, Colorado.  The Act requires that official (State) electronic legal material be: 
  • Authenticated, by providing a method to determine that it is unaltered;
  • Preserved, either in electronic or print form; and
  • Accessible, for use by the public on a permanent basis.
If a state preserves legal material electronically, it must provide for back-up and recovery, and ensure the integrity and continuing usability of the material. 


This information was provided by a post from the NCCUSI.org website.  The National Conference of Commissioners on Uniform State Laws has officially accepted the new act.   See more information at the link provided above.  

Digging up the Social Media Treasure Trove

http://ow.ly/5Clh7


Article that discusses obligations to produce information posted on social media sites during litigation.  Also mentions the fact that Facebook will allow a user to download their posted content as a zip file.  This should make for some interesting battles over discovery requests.

Article by Vianei Lopez Robinson, who represents employers in labor and employment law matters and is a partner in Buck Keenan, a litigation boutique in Houston, article posted on Law.com.

Haraburda v. Arcelor Mittal case - The Duty to Preserve

http://ow.ly/5CjZQ

Interesting legal summary of the case Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011) from an article posted by Derek Shewmon of Campbell Solutions.  The article also provides a link to the case summary posted on the KL Gates website.


The essential quotes from the case were, “large corporation only can discharge its duty by: 1) creating a ‘comprehensive’ document retention policy that will ensure that all relevant documents are retained, … and 2) disseminating that policy to its employees.”  Additionally, regarding Rule 26(f) conferences, the court stated, “Rule 26(f) does not explicitly prohibit a party from asking for a litigation hold to preserve evidence prior to the parties' planning meeting……… The prohibition on discovery prior to the planning meeting applies more specifically to requests for the production of information, not to requests for the information to be retained by the party in possession until discovery commences.”


There is other case law that discusses when a litigation hold "triggering event" takes place.  It is very clear from case precedent that the litigation hold requirement of litigation is essential, and if a defendant wishes to avoid a spoliation sanction, they should err on the side of caution with respect to their litigation hold practices.


  It seems like a misplaced argument in this case for defense counsel to even argue that there was no litigation hold obligation until the "meet and confer", as there is ample case law to suggest that the duty to preserve data often exists prior to the commencement of litigation...let alone after a complaint has been filed, and the Rule 26(f) conference is being set. Cases like this one, should just help make that point even more clear.

Monday, July 11, 2011

Department of Justice - FBI Guide to Digital Forensic Examination

http://ow.ly/5BKhM

Forensic Examination of Digital Evidence....a comprehensive guide for law enforcment.  Discusses the standards and practices for proper computer forensic techniques for law enforcement as it relates to the handling of ESI. 

Gibson Dunn - eDiscovery Series - Volume 1 of 9

http://ow.ly/5BJP6

eDisocvery basics...volume 1 of 9 from the law firm of Gibson Dunn.  This article focuses of the form of production for ESI during the eDiscovery process.

Lying Adapts to New Technology

http://www.nytimes.com/2011/07/10/fashion/lying-adapts-to-new-technology.html?_r=1


Same old lies....new technology.  Interesting article from the New York Times, written by Austin Constadine. 

Apparently many people feel it is easier to lie through the use of text messages, and other electronic means, than it is in person.  However, with the technological tools available to computer forensics technicians, certified fraud examiners, and eDiscovery professionals, the trustworthiness of an electronic communication is often easier to gauge.

Learn about the "Butler" lie, and the use of technology to avoid communicating with someone.  The article points out why it might actually be harder to lie via text message, than it might be during a phone conversation.  "Gotta go, boss is coming"...might actually work better on the phone than it does by text.

Social Media use - Inforgraphic

Social Infographic regarding the use of various social media tools. As posted on socialcast.com blog.

Infographic regarding Social Media - Social

Infographic from Socialcast.com blog. Shows trends regarding the use of various social media sites.

Judge's ESI Guide - From 2010

http://ow.ly/5BFW1


An ESI Guide for Judges, written by Anne Kershaw and Joe Howie.

Very useful and informative guide regarding various techniques available to process and review electroically stored information. The article is written as a means of educating the judiciary about available options, and potential methods to reduce costs assosciated with eDiscovery.

Using Clearwell on the Mac

Article by Frank Canterino




“A client recently asked SRM Legal about using Clearwell on Apple products. Clearwell currently offers the “iClearwell” app, for use by Administrators on the iPhone and iPad.  iClearwell allows users with Case or System Administrator access to monitor the progress of Jobs (export, processing, etc.), view active user sessions, and general Case status.  Clearwell continues to innovate as part of Symantec, and hopes to bring defensible, secure review capabilities to mobile devices in the near future.”

Unfortunately if you have an iMac or Apple laptop, using Clearwell can be difficult. The main issue is that none of the Apple browsers will truly support Clearwell. The Clearwell software was designed to run on Internet Explorer, and certain components of the software also rely on Active X, both of which are not supported by Apple. If you want to run Clearwell on your Apple computer or Macbook you will need to install a program called “Parallels”, which will then allow you to install and run windows based programs on your Mac. I hope this helps all you Apple fans out there.



ABA 2011 Technology Survey -- Findings

http://www.iphonejd.com/iphone_jd/2011/07/aba-technology-survey-reveals-increase-in-smartphone-use.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+iphonejd%2FkBay+%28iPhone+J.D.%29&utm_content=Twitter

Inteersting article discussing the ABA's 2011 Technology survey.  Some interesting facts are referenced in this article, and it is clear attorneys continue to rely more heavily on technology.  98% of attorneys employed by law firms with more than 100 attorneys are now using some type of smartphone to perform various work related tasks.



iPhone J.D. is a site for lawyers using iPhones and iPads published by Jeff Richardson, an attorney in New Orleans, Louisiana. This site does not provide legal advice, and any opinions expressed on this site are solely those of the author and do not reflect the views of Jeff's law firm,Adams and Reese LLP. iPhone J.D. is not associated with Apple, Inc.

Digging up Social Medias Treasure Trove of Discovery

http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202499810802&Digging_Up_Social_Medias_Treasure_Trove_of_Discovery&slreturn=1&hbxlogin=1

Article on Law.com written by Vianei Lopez Robinson.

Article discusses how privacy rights are colliding with the discovery process in litigation.  Social media posts and comments can certainly impact various types of litigation, and user content can often be potentially useful information to the opposing side in a case.

Sunday, July 10, 2011

Legal Industry Shrinking as Lawyer Numbers Grow

The legal sector shed 2,600 jobs in June, according to the U.S. Bureau of Labor Statistics. That's especially grim news given the results of the ABA's latest Lawyer Population Survey, which shows the number of lawyers across the country continues to expand.

SRM Legal is here to assist.

http://amlawdaily.typepad.com/amlawdaily/2011/07/junejobsrepor.html

Saturday, July 9, 2011

Legal questions about the Cloud - Where does the data reside?

http://ow.ly/5AoO1

Article B.K. Winstead, from the Windows IT Pro website.

Canada forbids using any Cloud services provider that stores data on U.S. soil due to the Patriot Act.  Are other nations likely to follow?  This article touches on legal issues related to Cloud storage.

Friday, July 8, 2011

eDiscovery Trends - EDD Malpractice is more widespread than we think

http://www.ediscoverydaily.com/2011/07/ediscovery-trends-is-ediscovery-malpractice-more-widespread-than-you-think.html

An article by Doug Austin posted on the eDiscoveryDaily.com Blog.  The article discusses malpractice by attorneys during the eDiscovery process of litigation. The article also refers to an article by Dennis Kiker, Esq. of LeClair Ryan, which was also posted on SRM Legal's blog several days ago regarding this important topic.

Warning....don't play part time eDiscovery expert.  Use your firm's internal litigation support resources to assist your efforts, and if something is beyond the scope of what your firm (or corporate law department) can handle, seek help from outside experts, and established service providers.  Don't try and tackle issues that are beyond your legal expertise....it is far less expensive to pay an eDiscovery services provider to assist your efforts, than to pay sanctions for doing things wrong.

eDiscovery violation so servere Judge calls it "unheard of"

https://www.attachmore.com/DownloadFile.aspx?ID=345832252

DL v. District of Columbia...full opinion above. 

Comparing the city’s behavior to “a standup comic who delivers the punch-lines of his jokes first” or “a plane with landing gear that deploys just after touchdown,” Lamberth wrote that “a discovery violation of this exotic magnitude is literally unheard of in this Court.”

It is probably safe to say that it is not a good idea to try and provide disclosure of information to opposing counsel after the trial.

See also an article about this case on the Blog of Legal Times from May 11, 2011.

Facebook granted access to materials cited in New York Lawsuit

http://www.ediscovery-news.com/facebook-wins-access-to-material-cited-in-ny-suit/

From a post by Haley on edisocvery-news.com. 

 The judge in the case granted Mark Zuckerberg’s attorneys’ request to have forensics experts examine Paul Ceglia’s computers, floppy discs, CDs and hard drives, as they seek to discredit the New York man’s claims that he and Zuckerberg signed a contract in 2003 that entitles Ceglia to half of Facebook and discussed the arrangement via email.

An example of the importance of eDiscovery, and Facebook is certainly aware of the vital role that eDiscovery plays in litigation.

Thursday, July 7, 2011

eDiscovery - Did you know video - Jason Baron and Ralph Losey

http://www.youtube.com/watch?v=bWbJWcsPp1M

Interesting facts about eDiscovery - Jason R. Baron and Ralph C. Losey collaborated to create a "Did You Know?" type of music video on electronic discovery law. This video presents some of the amazing facts behind the information explosion and rapid advances in technology. It also explains some of the negative impacts this is having on the law. Lawyers around the world are unable to keep up with these changes.


Should you have questions regarding eDiscovery, contact SRM Legal.  SRM provides free advisory services, and can help identify the most efficient and cost-effective solution to meet the needs of a specific task that you might need to handle.

Answering an E-Discovery Mystery: How Many Documents in a Gigabyte?

In his article, “Accounting for the Cost of Electronic Discovery,"David Degnan states that conducting electronic discovery “may cost upwards of $30,000 per gigabyte.” It also suggests that the average number of files per GB is well under the 10,000 figure cited as the “industry standard,”

Article by John Tredennick from Catalyst an SRM LEGAL partner

http://www.catalystsecure.com/blog/2011/07/answering-an-e-discovery-mystery-how-many-documents-in-a-gigabyte/

Opposing Counsel Disqualified Due to Excessive Review of Privileged Docs

https://www.attachmore.com/DownloadFile.aspx?ID=666923733

An interesting opinion in which the trial court had disqualified counsel for the receipt and excessive review of the opposing party’s privileged material. The case is Clark v. Superior Court (2011) 196 Cal.App.4th 37.  The article discussing the court opinion, and the reason for the disqualification of opposing counsel is available for download from the link above.  


If you receive production of inadvertently produced privileged materials, remember your obligations.


From the Professional Liability Law Blog of Sedgwick, article authored by Mark Hancock.  Courtesy of JDsupra.com blog.