I found this article in the CIO Central blog on Forbes.com from Robert D. Brownstone – it’s a good summary of issues for organizations to consider so that they can avoid major eDiscovery nightmares. The author counts down his top ten list David Letterman style (clever!) to provide a nice easy to follow summary of the issues. Here’s a summary recap, with my ‘two cents’ on each item.
read moreFederal Rule of Civil Procedure 37(f), adopted in 2006, is known as the “safe harbor” rule. While it’s not always clear to what extent “safe harbor” protection extends, one case from a few years ago, Disability Rights Council of Greater Washington v. Washington Metrop. Trans. Auth., D.D.C. June 2007, seemed to indicate where it does NOT extend – auto-deletion of emails.
read moreInsanity is doing the same thing over and over again and expecting a different result. But, in ESI review, it can be even worse when you get a different result. Most email messages are part of a larger discussion, which could be just between two parties, or include a number of parties in the discussion. To review each email in the discussion thread would result in much of the same information being reviewed over and over again. Instead, message thread analysis pulls those messages together and enables them to be reviewed as an entire discussion.
read moreFriday, we noted that competency ethics was no longer just about the law and that competency in eDiscovery best practices is expected from the attorneys and any outside providers they retain. An interesting article from Robert Hilson at ACEDS™ discusses what may be the first eDiscovery malpractice case ever filed against a law firm (McDermott Will & Emery) for allegedly failing to supervise contract attorneys that were hired to perform the client’s work and to protect privileged client records.
read moreA few months ago at LegalTech New York, I conducted a thought leader interview with Tom O’Connor of Gulf Coast Legal Technology Center, who didn’t exactly mince words when talking about the trend for attorneys to “finally tak[e] technology seriously”. As he noted, “lawyers are finally trying to take some time to try to get up to speed – whining and screaming pitifully all the way about how it’s not fair, and the sanctions are too high and there’s too much data. Get a life, get a grip. Use the tools that are out there that have been given to you for years. The ethical responsibilities of counsel these days includes competently directing and managing eDiscovery.”
read moreIt’s not the only instance of a one character typo possibly ending a career; instead, it may simply be the latest. Unless you’re living under a rock, you’re probably aware of the “Twittergate” story involving Rep. Anthony Weiner (D-N.Y.), where he initially claimed that a lewd photo posted via Twitter was posted by a hacker to his account, then subsequently admitted this past Monday that he, in fact, posted that picture. Many are calling for him to resign from his Congressional position. The irony is that a one-letter typo may turn out to be his undoing.
read moreThe increasing popularity of cloud-based Software-as-a-Service (SaaS) solutions is becoming well documented, with this very blog noting Forrester and Gartner predictions of tremendous growth in cloud computing over the next several years. We’ve also noted the importance of knowing where your data is stored, as many online poker players learned the hard way when the recent US government crackdown of several gambling sites left them without a way to recover their funds. If only there were some sort of certification, administered by an impartial third party, to ensure that your SaaS provider has implemented policies and processes that keep your information secure, stable and safe. There is such a certification.
read moreLast week, we began talking about keeping a preferred vendor program up to date, and we covered establishing criteria to evaluate vendors after every project. Here are the remaining steps in establishing a mechanism for keeping your preferred vendor program fresh and up to date.
read moreThe online world thrives on social media, but for attorneys who must preserve sensitive social media data for discovery, the widespread growth of social technology presents a laundry list of problems. Fortunately, there are viable solutions that enable you to create a backup of all social networking activity and archive such information in the event it has to be produced in discovery. Here’s one.
read moreIn DL v. District of Columbia, repeated, flagrant, and unrepentant failures of the District of Columbia to comply with discovery orders, failure to supplement discovery responses, and eventual production of thousands of e-mails—some more than two years old—after the date of trial resulted in a sanction of waiver of privilege over documents sought by plaintiffs.
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