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E-discovery in employment litigation – Lexology (Bruin Richardson III)

February 1, 2013 by Leave a Comment

Get Out in Front Before It Bites You in the Behind

E-discovery is an increasingly important topic in all litigation, and employment litigation is no exception.  By getting out in front of e-discovery as soon as you anticipate litigation (or even before) you can save money, time, effort and aggravation.  Class action, multi-plaintiff and disparate impact discrimination claims almost always lend themselves to significant e-discovery burdens.  However, even relatively straight-forward disparate treatment discrimination claims can also result in the production of many gigabytes of electronic data when plaintiffs seek to compare themselves to others who they claim were treated more favorably.  In addition, non-compete and business tort litigation against former employees can include vast amounts of e-discovery when attempting to prove damage claims.  In short, big time e-discovery is not limited to securities, intellectual property and pharmaceutical litigation. Employment litigation is not immune from e-discovery.

Plan Ahead

It is important to consider how your data is stored and can be retrieved when preparing for the potential of e-discovery.  If you do not have the expertise yourself, consider spending a few dollars on an e-discovery database expert who can advise you on mapping your information systems specifically for employment related information to ease your e-discovery burdens when and if they arise.  It will be money very well spent and will save significant money, time and aggravation in the event of litigation.

The Legal Hold

As soon as you reasonably anticipate litigation you have an obligation to preserve information that may be relevant to the claim.  This does necessarily mean that this obligation runs from the time you are served with a lawsuit.  It may start much earlier, such as when you get a demand letter or, in the case of a non-compete case, when you learn the employee (or former employee) is planning to or is competing with you.  As soon as you anticipate litigation it is important to contact legal counsel to discuss what type of information should be preserved, particularly if you have a policy of routinely purging certain data.  This discussion may turn on types of data to preserve, custodians of data, or certain departments or locations where data should be preserved.

via E-discovery in employment litigation – Lexology.

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Newtown Shooting: Can Cops Read Shooter’s Sabotaged Computer? – ABC News (Matthew Mosk)

December 19, 2012 by Leave a Comment

Sandy Hook Elementary School shooter Adam Lanza may have tried to sabotage his own computer before going on a murderous rampage that claimed the lives of 20 children, but experienced investigators said today that law enforcement forensic experts could still recover critical evidence from the damaged drives.

Connecticut State Police Lt. Paul Vance revealed Monday that a computer crimes unit was working in conjunction with a forensics laboratory to “dissect” any evidence relevant to the case, but he declined to comment further on what type of evidence was involved and in what condition it was in. Later that day, law enforcement officials told ABC News that police recovered a badly damaged computer from Lanza’s home that appeared to have been attacked by a hammer or screwdriver.

Sources said if they can still read the computer’s hard drive, they hope to find critical clues that may help explain Lanza’s motives in the killing.

Former FBI forensic experts told ABC News that in cases similar to this one, damage to the computer does not necessarily mean the computer files cannot be accessed.

“If he took a hammer to the outside, smashed the screen, dented the box, it’s more than likely the hard drive is still intact,” said Al Johnson, a retired FBI special agent who now works privately examining digital evidence and computer data. “And even if the hard drive itself is damaged, there are still steps that can be taken to recover everything.”

via Newtown Shooting: Can Cops Read Shooter’s Sabotaged Computer? – ABC News.

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U.S. Companies Finding Stuxnet ‘In Our Systems’ – The CIO Report – WSJ (Michael Hickins)

November 9, 2012 by Leave a Comment

Chevron  says it was infected by the same Stuxnet virus that was used, allegedly by the U.S. government, to cripple Iran’s nuclear facilities in 2010. But Chevron is hardly alone. “We’re finding it in our systems and so are other companies,” Mark Koelmel, general manager of the earth sciences department at Chevron, tells CIO Journal’s Rachael King. “So now we have to deal with this.”

U.S. companies are being specifically targeted, sometimes by less sophisticated actors attempting to retaliate against perceived U.S. cyber-aggression. And although they have fewer resources behind them, those guerrilla campaigns are nonetheless capable of doing real, physical damage to targeted plants. Employees who have a deep understanding of cybersecurity and the company’s systems are the only defense against viruses, like Stuxnet, that target vulnerabilities that haven’t yet been identified by security researchers or patched by the software vendor, says Alan Paller, founder of information security research group SANS. Those employees need to understand malware and techniques like deep packet inspection, and have a deep knowledge of what the network traffic should look like. “There are probably only 18-20 people in the country who have those fundamental skills,” he said.

“I don’t think the U.S. government even realized how far [Stuxnet] had spread,” Koelmel says. “I think the downside of what they did is going to be far worse than what they actually accomplished.” Unintended consequences indeed, and a new problem for CIOs to contend with.

via The Morning Download: U.S. Companies Finding Stuxnet ‘In Our Systems’ – The CIO Report – WSJ.

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Hackers publish over 450,000 emails and passwords allegedly stolen from Yahoo – Computerworld (Lucian Constantin)

July 13, 2012 by Leave a Comment

A group of hackers on Thursday published a list of over 453,000 log-in credentials on the Internet that were allegedly stolen from a database associated with an unnamed Yahoo service.

The group of hackers calls itself “the D33Ds Company” and claims to have hacked into the database by exploiting an SQL injection vulnerability found on a Yahoo subdomain.

“The subdomain and vulnerable parameters have not been posted to avoid further damage,” the hackers said in their release notes.

The leaked information includes MySQL server variables, names of database tables and columns, as well as a list of 453,492 email addresses and passwords in plain text.

via Hackers publish over 450,000 emails and passwords allegedly stolen from Yahoo – Computerworld.

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The Associated Press: Concussion lawsuits are next big US litigation

July 2, 2012 by Leave a Comment

Smokers and pro football players have something in common: They engage in risky behavior that can be potentially harmful to their health over time.

And to hear some lawyers tell it, the National Football League is the equivalent of Big Tobacco.

The recent wave of lawsuits filed on behalf of retired players uses similar arguments to those made by attorneys representing smokers who sued tobacco companies more than 15 years ago — in this case, that the National Football League knew repeated concussions could lead to brain damage and yet hid the information.

More than 2,400 retired players are now plaintiffs, looking for the kind of success smokers had against the tobacco companies. The result then was a landmark, $206-billion settlement shared among 46 states. But the ex-players face a huge challenge as they take on a multibillion dollar industry that is the most popular sport in the United States.

“I don’t think it’s the same good versus evil you saw in the tobacco litigation, but there are some potential similarities,” said Gabriel Feldman, director of the sports law program at Tulane University. “It’s a lot grayer on both sides. That could change if some smoking guns are found during discovery if the case gets that far.”

via The Associated Press: Concussion lawsuits are next big US litigation.

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