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The Next Governance Frontier: Social Media – Forbes (Barry Murphy}

February 28, 2012 by Leave a Comment

Social media, like e-mail, has gained traction. In order to avoid the mistakes made in the email generation, companies must figure out ways on how to best collect and preserve social media content in the event it is needed for eDiscovery.  Today, this practice is extremely immature.  Across the board, 15% or less of eDJ’s The Cloud and eDiscovery survey respondents indicated having had to collect from a popular social media service.

Just because Social Media is not the dominant source of eDiscovery today does not mean that companies should not address it as part of a holistic eDiscovery strategy.

The legal community typically waits for case law to establish the rules of the game.  There may not be an overwhelming amount of case law pertaining to Social Media, but one important case to note is “IN RE NTL, INC. SECURITIES LITIGATION; GORDON PARTNERS, et al., Plaintiffs, -against- GEORGE S. BLUMENTHAL, et al., Defendants.”  Essentially, companies are on the hook for eDiscovery of social media. Per the case,   if a company has “access to documents to conduct business, it has possession, custody or control of documents for the purposes of discovery.”[1]

via The Next Governance Frontier: Social Media – Forbes.

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Magistrate Judge Peck Issues Written Opinion Addressing Computer-Assisted Review : Electronic Discovery Law

February 28, 2012 by Leave a Comment

Da Silva Moore v. Publicis Groupe & MSL Group, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Feb. 24, 2012)

Magistrate Judge Andrew Peck issued an opinion on Friday, February 24, 2012, approving of the use of computer-assisted review of electronically stored information (“ESI”) by the parties in this case.  The opinion, which discusses both the details of the underlying case and the topic of computer-assisted review more generally, addresses a myriad of issues including how computer-assisted review works (generally) and what benefits it may provide.  The court appears to be the first to recognize that “computer-assisted review is an acceptable way to search for relevant ESI in appropriate cases.”

The first portion of the opinion deals largely with the specific details of the underlying case and the parties’ negotiation of an agreed protocol for the computer-assisted review.  While an agreed protocol was eventually signed by the court (and attached to the opinion), the court acknowledged the possibility that efforts beyond those memorialized in the parties’ protocol could be required and approved the parties’ proposed protocol, which included seven iterative “seeding” reviews, with the following caveat:

But if you get to the seventh round and [plaintiffs] are saying that the computer is still doing weird things, it’s not stabilized, etc., we need to do another round or two, either you will agree to that or you will both come in with the appropriate QC information and everything else and [may be ordered to] do another round or two or five or 500 or whatever it takes to stabilize the system.

Later, the opinion provides “Further Analysis and Lessons for the Future” in which several, more general topics surrounding computer-assisted review are addressed, including concerns about accuracy and the need for cooperation and transparency.

via Magistrate Judge Peck Issues Written Opinion Addressing Computer-Assisted Review : Electronic Discovery Law.

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Child Porn Suspect Can Take Plead the Fifth to Avoid Decrypting Hard Drives – Law Blog – WSJ

February 27, 2012 by Leave a Comment

In a ruling that could have broad ramifications for law enforcement, a federal appeals court has ruled that a man under investigation for child pornography isn’t required to unlock his computer hard drives for the federal government, because that act would amount to the man offering testimony against himself.

The ruling Thursday appears to be the first by a federal appeals court to find that a person can’t be forced to turn over encyption codes or passwords in a criminal investigation, in light of the Fifth Amendment, which holds that no one “shall be compelled in any criminal case to be a witness against himself.”

The Atlanta-based U.S. Court of Appeals of the 11th Circuit ruled that “the Fifth Amendment protects [the man’s] refusal to decrypt and produce the contents of the media devices,” which the government believes contain child pornography.

The ruling could handcuff federal investigators, as more data are secured behind sophisticated encryption software. A Justice Department spokeswoman did not immediately respond to a request for comment.

via Child Porn Suspect Can Take Plead the Fifth to Avoid Decrypting Hard Drives – Law Blog – WSJ.

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Introducing Europe Legal Technologies™, a joint venture of Altlaw and Global EDD Group

February 27, 2012 by Leave a Comment

Strategic Alliance Bridges The Atlantic Ocean With Innovative Electronic Discovery & Disclosure Solutions

London, UK and Cleveland, Ohio USA – (27 February 2012) – Global Electronic Discovery & Disclosure Group (“Global EDD Group”), a boutique consulting firm that provides innovative electronic discovery solutions across the globe, today announced the formation of Europe Legal Technologies™, a strategic alliance and joint venture with Altlaw, an electronic litigation support and legal document services provider based in London, UK. Europe Legal Technologies leverages the experience, knowledge and resources of Altlaw and Global EDD Group to provide innovative electronic discovery and disclosure solutions that acknowledge the many nuances and privacy concerns within Europe.

Europe Legal Technologies (“ELT”) provides significant advantages to firms, corporations and vendor partners through a single point of client contact, competitive pricing and a depth of experience in providing European services. With a technology hub in London, ELT Data Collection Teams are able to deploy on-site to any destination in Europe within hours of notification, uniquely able to leverage our vast network of technology and operational resources to meet the needs of the most challenging projects.  From London, and on-site locations throughout the region, ELT provides a wide range of services including:

◊  Data Collection & Preservation,
◊  Hardcopy / Data Production,
◊  Electronic Data Disclosure
◊  ESI Processing,
◊  Secure Online Hosting & Review.

Europe Legal Technologies supports these services through the integration of technology resources from Altlaw and Global EDD Group, including industry leading products such as:

◊  Nextpoint

Further information on Europe Legal Technologies is available online at www.eurolegaltech.com or via email request to info@eurolegaltech.com.

About Altlaw

Based in London, Altlaw provides technological expertise in electronic litigation support and legal document services.  With many years’ experience of working with law firms and in-house counsel, Altlaw dramatically speeds up the process of identifying, reviewing and managing relevant data files.  Our focus is to perfect techniques and processes which allow our clients to make better informed decisions at the earliest possible point in the litigation procedure.  Additional information is available by visiting http://www.altlaw.co.uk

About Global EDD Group

Global Electronic Discovery & Disclosure Group (“Global EDD Group”) was founded with the vision of bridging the wide gap between domestic organizations and their growing national and international legal technology needs. Based in Cleveland, Ohio, USA, Global EDD Group provides legal technology services for matters with a national or international scope, specializing in remote and onsite services ranging from data identification to document review. Additional information is available by visiting http://www.GlobalEDDGroup.com .

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Cyber Intrusions Into Air Force Computers Take Weeks to Detect – National Defense Magazine (Eric Beidel)

February 24, 2012 by Leave a Comment

When a hacker manages to penetrate Air Force computer networks, it generally takes experts more than a month to piece together what went wrong.

 

A forensics investigation into a network breach lasts an average of 45 days, said Arthur L. Wachdorf, senior advisor for intelligence and cyber-operations for the 24th Air Force, the organization that operates and defends the service’s networks.

 

“That’s way better than we used to be, but that’s not tactically acceptable,” he told an AFCEA information technology conference in Tysons Corner, Va.

 

The Air Force needs hardware and software that leaves no back doors to the network open, officials said. Currently, if hackers find a hole they can unload “truckloads of information” without the service even knowing they were even on the network, said Lt. Gen. Marc Rogers, inspector general of the Air Force.

 

Officials asked for industry help to improve its ability to watch over the network and detect and respond to unauthorized activity.

 

“We can do some but not enough,” Rogers said. “All of our cyber-moats and fort walls and locks and doors we build aren’t quite good enough.”

 

Companies looking for business opportunities in this arena should turn to Air Force Space Command.

 

“That’s where we’re going to spend our money,” said Lt. Gen. William Lord, chief of warfighting integration and chief information officer of the Air Force.

via Cyber Intrusions Into Air Force Computers Take Weeks to Detect – Blog.

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