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U.S. International Trade Commission Adopts e-Discovery Rules : Electronic Discovery Law

The U.S. International Trade Commission has adopted “final rules related to its e-discovery practices.”  “The new rules will be effective 30 days after publication in the Federal Register and are applicable to investigations instituted 30 days after publication in the Federal Register”—a Federal Register notice was issued on May 15, 2013.

via U.S. International Trade Commission Adopts e-Discovery Rules : Electronic Discovery Law.

For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding : Electronic Discovery Law

EORHB, Inc. v. HOA Holdings, LLC, No. 7409-VCL, 2013 WL 1960621 (Del. Ch. May 6, 2013)

Previously, the court ordered the parties to “retain a single discovery vendor to be used by both sides” and to “conduct document review with the assistance of predictive coding.”  (See summary, here.)  On May 6, the court entered a new order, stating that Defendants could retain their chosen vendor and utilize computer assisted review but that the parties would not be required to retain a single vendor to be used by both sides and that “Plaintiffs may conduct document review using traditional review methods.”

via For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding : Electronic Discovery Law.

Wall Street To FCPA Enforcers: Bring It On – Law360 (Stendahl)

Foreign Corrupt Practices Act prosecutors have Wall Street in their crosshairs after suing two traders at New York broker-dealer Direct Access Partners LLC last week, but experts say the hyper-vigilant industry is ready for any clampdown.

The U.S. Department of Justice filed criminal charges May 7 against DAP employees Tomas Alberto Clarke Bethancourt and Jose Alejandro Hurtado, alleging they conspired to bribe a senior official in Venezuela’s state economic development bank to direct the bank’s business to DAP

via Wall Street To FCPA Enforcers: Bring It On – Law360.

Nuix and EDRM republish Enron data set cleansed of more than 10,000 items containing private, health and financial information

Nuix, a worldwide provider of information management technologies, and EDRM, the leading standards organization for the eDiscovery and information governance market, have today republished the EDRM Enron PST Data Set after cleansing it of private, health and personal financial information. Nuix and EDRM have also published the methodology Nuix’s staff used to identify and remove more than 10,000 high-risk items at nuix.com/enron.

The EDRM Enron data set is an industry-standard collection of email data that the legal profession has used for many years for electronic discovery training and testing. It was sourced from the Federal Energy Regulatory Commission’s investigation into collapsed energy firm Enron. In early 2012, the EDRM Enron PST Data Set and the EDRM Enron Data Set v2 became an Amazon Web Services Public Data Set, making them a valuable public resource for researchers across a variety of disciplines

“Recently, we have been working closely with Nuix to cleanse the data set of private information about the company’s former employees and make the cleansed data set readily available to the community,” said George Socha and Tom Gelbmann, co-founders of EDRM. “These efforts help to protect the privacy of hundreds of individuals and we encourage anyone who finds private data that we did not remove to notify us.”

via .

6 Things In-House Counsel Must Know About E-Discovery | Corporate Counsel (Dunn)

As a former securities litigator, Gabriela Baron recalls the days of document production when she tagged paper documents with different color tape flags, labeled the boxes lining the hallways with sharpie marker, and met trucks in the building’s loading bay, to make sure all those documents and all those boxes got delivered to opposing counsel.

That was in the late 1990s and early 2000s. Then, in 2004, she became a general counsel of the electronic discovery provider Amici LLC, which was acquired by Xerox Litigation Services in 2006. These days, she finds herself in meetings with associates who can’t even imagine that’s how discovery got done on massive cases. “They’re like, ‘That’s nuts, you were in the loading bay with the boxes?’,” says Baron, who is now vice president for business development at XLS.

Indeed, a lot’s changed since what Baron calls the “dark ages” of e-discovery—and not just the shift from paper to electronic platforms. “Back then, corporations were the ones most in the dark” about how e-discovery worked, she says. Now, it’s corporate legal departments—not law firms—that evaluate and contract providers. Baron estimates she spends 90 percent of her time interfacing with corporations, and only about 10 percent with law firms.

via 6 Things In-House Counsel Must Know About E-Discovery.