RT @go2gearheads: 24% #biz get email subpoenaed, #ediscovery driving need 2 preserve elec #communication http://ping.fm/lBtpt
RT @go2gearheads: 24% #biz get email subpoenaed, #ediscovery driving need 2 preserve elec #communication http://ping.fm/lBtpt
October 14, 2010 By Leave a Comment
Court Grants Motion to Strike Privileged Email Inadvertently Sent to Opposing Counsel Using “Reply All” : Electronic Discovery Law
October 6, 2010 By Leave a Comment
Charm v. Kohn, 2010 WL 3816716 (Mass. Super. Sept. 30, 2010)
In this case, as the result of using the “reply all” function, defendant inadvertently sent a privileged communication to opposing counsel. Twenty-eight minutes later, defendant’s counsel sent an email to opposing counsel demanding the email be deleted. Opposing counsel refused. Addressing the issue of possible waiver, the court found that defendant and his counsel had taken reasonable steps to preserve confidentiality and granted defendant’s motion to strike the email, which had been attached as an exhibit to an opposition to summary judgment.
Defense counsel sent an email to opposing counsel with a cc to his co-counsel and a bcc to his client. When responding, defendant used the “reply all” function, thus sending the clearly privileged communication to opposing counsel as well as his own. Upon realizing his client’s error, defense counsel demanded that opposing counsel delete the email. Opposing counsel refused. Thereafter, defense counsel took no further action until the email appeared as an exhibit to an opposition to summary judgment.
Defendant sought to strike the email. Taking up the issue, the court noted that the issue of inadvertent disclosure in electronic discovery had “received considerable attention” and identified an emerging consensus in law in that context that “a client does not lose the benefit of the attorney-client privilege for an otherwise privileged communication through inadvertent disclosure if the client proves that he and his counsel took reasonable steps to preserve the confidentiality of that particular communication.” In the present case, the court found the same standard applicable.
Silicon Valley Pushes to Turn Scientists Into Lawyers | The Recorder
September 7, 2010 By Leave a Comment
There are plenty of patent attorneys in Silicon Valley, but there aren’t enough like Alexander Shvarts.
The Ropes & Gray associate possesses a combination of science and communication skills increasingly demanded from patent attorneys. He’s not only a techie with a degree in computer science from Cornell University, which helps him understand complicated patents and work with their inventors; he also likes writing and schmoozing with clients. “This fits my personality perfectly,” Shvarts said.
That’s why Ropes & Gray accepted Shvarts into the firm’s technical adviser program, which first trained him to be a patent agent and then paid his tuition at Fordham University School of Law. Now the 32-year-old is based in Ropes & Gray’s Palo Alto, Calif., office, and travels to universities to persuade other future engineers and scientists to become patent lawyers in Silicon Valley, too.
Ropes & Gray may have a long list of big-name clients such as Apple Inc. and Pfizer Inc., but getting the right candidates to join the program isn’t easy. “One of the biggest challenges we have is recruiting,” Shvarts said. “These people can go wherever they want.”
Ropes & Gray’s technical adviser program isn’t unique. For years, firms such as Morrison & Foerster; Finnegan, Henderson, Farabow, Garrett & Dunner; and Wilson Sonsini Goodrich & Rosati have sent people with science degrees to law school and hired them as patent attorneys after graduation.
via lawjobs.com Career Center – Silicon Valley Pushes to Turn Scientists Into Lawyers.
Knowledge Base » Legal Procedure of International Computer Forensics Authorities
July 12, 2010 By Leave a Comment
Computers have radically changed the means of communication are emerging and new situation where traditional standards of measuring the confidence of his lack acquire in order to evidence the emergence of computer crime. Those offenses in connection with electronic credit cards and ATM fraud, abuse of trademarks, e-copyright infringement, cyber hacking, etc., that offenses committed by means of computer-related equipment and tools which are very difficult for managers justice to understand the nature of offending and work presented evidence to prosecute these offenses. In this complex lies the help of computer forensics authorities sought to achieve proper advice about digital evidence.These impartial computer forensics authorities have the legal part of the developed countries all disputes job offer at the request of the courts and their services can be obtained for obtaining the computer evidence. The procedures of these authorities is governed by special enactments, depending on the nature of the offense committed. There are certain legal powers to identify, collect, produce, license and written electronic records in civil and criminal process for the administration of Justice. Computer forensics authorities carry out their statutory duties in respect of digital discovery of the e-documents.When we look at the legislative history of this computer forensics authorities, they were used in the context of prosecution for more than twenty-five years in the United States and the last decade the numbers of licensed computer forensics authorities to set up their neutral certification for all documents in digital form developed with advanced electronic communication with investigating agencies and the courts. The functions of computer forensics were given legal powers for the purpose of obtaining forensic opinion on the e-data or electronic evidence.The Computer Forensics authorities has several procedures and instruments for the purpose of verification of documents, tracing the nature of the breach of the identification, collection and verification of electronic documents. After approval of the complicated legal procedure, they present version of these electronic documents to paper-based forms for admission in court of law. These features are not limited to local disk data, but even the remote server data is monitored for the purpose of measuring the accuracy of these documents. The authenticity of an e-records from local hard disk to external server computer operating systems.These numbers done in procedures adopted by the computer forensic authorities governed by the prevailing laws of the State to regulate the internal structure of these authorities.
via Knowledge Base » Legal Procedure of International Computer Forensics Authorities.
Google Buzz Gets Reshare Option, Competes with Twitter
May 28, 2010 By Leave a Comment
Google’s Difference
Okay, obviously it’s not exactly like retweeting. The invitation to add your own comments to the reshare is a concept Twitter lacks—and will likely never see so long as the 140 character limitation is maintained.
Currently, Twitter’s baked-in Retweet tool doesn’t allow any modification whatsoever, causing many Twitter users to retweet the old-fashioned way (typing RT @username, the tweet, and whatever comments will fit after all that).
This makes Buzz a bit more interesting, regardless of which platform currently has more users. As the 16th feature to be added to Buzz since its inception, we wonder what else Google has in store. According to Todd Jackson, Google product manager, the ultimate purpose of the platform is to solve the communication challenges of regular e-mail.
“Gmail should be the world’s best communication tool,” he said.
10 key responsibilities of Computer Forensics
February 4, 2010 By Leave a Comment
A computer forensics work “involves surveys, data recovery and electronic discovery. As one, you must have a solid foundation of experience and technical knowledge, strong communication skills and ability to meet individual expectations. The implementation work is very great. Let’s look at 10 of the most important tasks, as below.
1. Take in planning, and a variety of activities in computer forensic examination, asImplementation of live-analysis of networks and multiple platforms.
2. Enter the information to improve on technical issues relating to forensic assignments.
3. Enter computer services including digital evidence preservation, analysis, data recovery, tape recovery, electronic mail extraction, experimentation and databases, etc.
4. To manage and extensive technical analysis and interpretation of computer-related evidence such as email, accounting software, severalDatabases and information stored on electronic devices.
5. Ensure that may lead to methods for collecting evidence, managed and preserved in a way which has made the preservation and protection of data and facts.
6. Ensure all hardware and software laboratory verified and validated, as required by state law.
7. Assess and treat a variety of technical issues, including troubleshooting hardware and software.
8. Conduct security assessments, penetrationTesting and Ethical Hacking and conducted tests on infected computers and servers.
9. The work on the budget, through the creation within the period of time.
10. Perform work of others, the specific tasks to demonstrate the need to work as an effective communication and close collaboration with partners, officers, employees and customers.
