Apple iOS Presents Forensics Challenges in E-Discovery

http://ow.ly/buLF9

An article by Evan Koblentz posted on law.com on the LTN webpage.

This article discusses the challenges that electronically stored information located in Apple Computer devices create during the forensic collection process.

The article states, "Data such as contacts, locations, message contents, settings, and time stamps are stored more securely in the iPad 2, the new iPad (unofficially known as iPad 3), and iPhone 4S than in their predecessors. That's good for most users, but problematic for investigators and IT staff whose job is to obtain such information, experts from software companies that exhibited at the Mobile Forensics Conference in Myrtle Beach, S.C., said.

"People are just starting to think critically about how to handle iOS data within e-discovery," said Paul Jordan, co-founder of mobile forensics company BlackBag Technologies. BlackBag, based in San Jose, Calif., is among a group of specialists, including Cellebrite Mobile Synchronization and others, who are working on the iOS challenges. E-discovery companies such as AccessData, Clearwell Systems, Guidance Software, Kroll Ontrack, and Nuix are also in the game, all working to develop, license, or acquire technologies that access the inner sanctum of iOS device data.

Such companies are competing to develop business-class tools based on jailbreaks -- mobile-speak for software that changes the device's operating system to allow full file access. Jailbreaks are legal in the United States, but they're not authorized by Apple."  The article provides a link to information about the referenced mobile forensic conference.

How ‘systems thinking’ is making the cloud transparent

http://ow.ly/buGDE

An article by James Urquhart posted on the gigaom.com website.

This article examines "systems thinking" and discusses how it is impacting the use of cloud computing.

The article defines "systems thinking", and states "Defined in Wikipedia as “the process of understanding how things influence one another within a whole,” systems thinking represents a modeling, analysis and design discipline that carefully explores “macro” aspects of highly interdependent systems. Systems thinking is heavily utilized in such fields as the social sciences, organizational dynamics, and industrial engineering to evaluate, model, and/or design how systems are composed and how they behave.

Systems thinking is difficult for those that have been educated to always apply reductionist thinking to problem solving. The idea in systems thinking is not to drill down to a root cause or a fundamental principle, but instead to continuously expand your knowledge about the system as a whole."

The article puts forth certain questions that must be raised in connection with the use of cloud computing systems, "What are the system’s boundaries? When everything is so highly interdependent (economies are linked to governments are linked to societies are linked to individual people, etc), how do you know where to start modeling, and where to stop?"

The article further points out, "Understanding where the boundaries of source code and data models lie is relatively straightforward, but understanding the boundaries of operations — monitoring, compliance, decision making, liability and so on in cloud-based applications — is not so straightforward."

The author further writes, "All of this leads me to what I think is the key conclusion that has to be reached about the future architecture of our shared cloud computing “system”: transparency is essential. Without a steady stream of feedback data from whatever sources we determine — over time — have a significant impact on the operation of our applications, we are doomed to be unable to properly find the right “boundaries” for those applications.

Information about the functioning state of infrastructure (like compute nodes and networks), services (like data stores and platform services) or even other applications (like SaaS or your partners’ applications) will be critical to evolving the automation that successfully enables resiliency."

Knowledge Management and the Simple Stick

http://ow.ly/buFy9

An article by Patrick DiDomenico posted on the km.iltanet.org website.

This article discusses the need for simplicity in order to have an efficient Knowledge Management policy.  The article references a book by  Ken Segall, who worked with Steve Jobs on several Apple ad campaigns, called Insanely Simple: The Obsession That Drives Apple’s Success.  A link to information about the book is provided.

Mr. DiDomenico writes, "Insanely Simple digs into the world of simplicity at Apple under Steve Jobs. It also introduces the concept of the Simple Stick."

The article further states, "Simplicity in KM is important for many reasons, not the least of which is time(or the lack thereof). Busy lawyers have precious little time, and the time they have is best spent on revenue-generating work. Wasting their time with superfluity affects the bottom line. One of the cornerstones of KM is to increase efficiency. Complex design, cluttered ideas, and extra stuff gets in the way and slows us down."

Global E-discovery Market 2010-2014

http://ow.ly/brNol

A press release by Bharat Book Bureau posted on the expert-press-release.net website.

This press release discusses the recently recently report from TechNavio, providing a forecast for the eDiscovery Market through 2014.  The press release provides a link to the report, which is available for purchase.

The press release does share some insight into the contents of the TechNavio report, and some of the findings in the report.  The press release states, "The report covers the Americas, and the EMEA and APAC regions; it also covers the Global E-discovery market landscape and its growth prospects in the coming years. The report also includes a discussion of the key vendors operating in this market."

In addition, a growth rate for the entire market is anticipated at 14.3 percent (CAGR) during the time period analyzed.  Although cost-cutting pressures in the corporate environment are referenced as a possible obstacle to reaching that projected growth rate.

eDiscovery Case Law: Privilege Waived Because Defendants Failed to Notice “Something Had Gone Awry” with Their Production

http://ow.ly/brLVI

An article by Doug Austin posted on the eDiscovery Daily Blog.

This article examines the case of  D’Onofrio v. Borough of Seaside Park, No. 09-6220 (AET), 2012 WL 1949854 (D.N.J. May 30, 2012) in which the defendant's inadvertent production of privileged documents was deemed to be a waiver of privilege. A link to the case opinion is provided in the article.

The article states, "defendant failed to heed warnings that something was “profoundly awry with their document production and privilege review” and discover that privileged information had been produced."

The article goes on to outline the errors made during production that led to the disclosure of approximately 1000 pages of privileged information.

The article further states, "In her decision, Judge Bongiovanni relied on Federal Rules of Evidence 502(b) to rule on the waiver of privilege:

“‘(1) the reasonableness of the precautions taken to prevent inadvertent disclosure in view of the extent of the document production; (2) the number of inadvertent disclosures; (3) the extent of the disclosure; (4) any delay and measures taken to rectify the disclosure; and (5) whether the overriding interests of justice would or would not be served by relieving the party of its error.’”

Although Judge Bongiovanni found that Defendants’ initial efforts to prevent disclosure were reasonable and that “the number and extent of the disclosures” were “neutral factors,” she concluded that Defendants “did not take reasonable steps to remedy their error.”"

THE LEGAL FOUR CORNERS OF SOCIAL MEDIA AND E-DISCOVERY FOR BUSINESSES

http://ow.ly/bqdmw

An article by Michelle Sherman, Esq. posted on the Social Media Law Applied.

The article examines the relationship between eDiscovery obligations and social media network content.

The article discusses four topics, and provides insight into the following issues:



1. E-Discovery Rules Apply To Social Media Activity.

2. Update Document Retention Policies to Include Social Media Activity.

3. Identify a Vendor That Can Capture and Store Social Media Activity.

4. Discuss With Legal Counsel Your Social Media Activity When Litigation Is Anticipated, and Remember To Include Social Media In Your Discovery Plan.

The article provides the following advice in conclusion, "Businesses cannot afford to postpone updating their document retention policies, and finding a good solution for storing their social media activity. Courts are ordering sanctions for e-discovery violations, and businesses subject to state and federal regulations are being required to store much of this information as well. If a business anticipates being involved in litigation, make sure your legal counsel is asking about your social media activity, and how the potentially relevant or discoverable data is being maintained. Also, discuss the social media activity of your business and the other party so social media can be incorporated into your litigation strategy."

The State of Social Media eDiscovery Today

http://ow.ly/bqccu

An article posted on the Archive Social Blog (no author credit provided).

The article discusses social media, and eDiscovery obligations associated with communications on social media networks.

The article states, "Given the wealth of information on social media, it is no surprise lawyers and judges want to dig into these pages for litigation. But, this raises two important questions: what is discoverable on my social media page, and what does social media eDiscovery mean for my business?"

The article then goes on to examine recent case law that sheds light on what is discoverable, and what impact social media is having upon corporate litigation.