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Identification and Disclosure of electronically stored information | webanalyticsworld.net

Under English or American law (or any other common law system), you or your company may be ordered by a court to identify and disclose not just physical documents but also electronically stored information (ESI) as part of a litigation process. This could apply to you even if you are not a party to the court proceedings.

Location of the ESI

Data is often stored or replicated in an external hosting centre or within a software application – particularly in relation to SaaS software, or in a corporate data centre. If numerous data centres are used they are usually in different physical locations which could be in various countries. The court order to disclose data may well conflict with compliance and privacy requirements in relation to data in the countries in which the data is actually held. However for the purposes of complying with a court order the actual location of the data and the local rules applying to the storage of the data cannot be used as a reason to refuse disclosure.

For example in AccessData Corporation v ALSTE Technologies GmbH a US court ordered a German company to disclose emails stored in Germany as part of the disclosure process in a court case, although the company argued that this breached the German Data Protection Act.

via Identification and Disclosure of electronically stored information.

Technology: Proactive ESI data mapping for e-discovery | InsideCounsel.com

A working knowledge of your corporate IT infrastructure is a key component to a repeatable and defensible e-discovery process. Knowing what storage devices exist, and what type of information is stored and where it is stored will increase the effectiveness and efficiency of your e-discovery process. It also is a requirement under Rule 26 of the Federal Rules of Civil Procedure, which states that litigating parties are to disclose either a copy or a “description by category and location” of responsive ESI.

A data map is a record that assists with this information and is an integral part of any litigation-readiness plan. It serves to identify all the locations within the corporation where potentially relevant data may be stored. Further information, such as details about what information is stored where, also should be incorporated into the data map. For example, if data related to your company’s accounting practices is located on a specific server, that should be noted within the data map. In-house counsel can reference this map when a matter arises to target collection.

With this critical information in hand, organizations are in a position to better evaluate and understand their risk profile. They are empowered to anticipate potential issues and take proactive steps to set or refine policies and procedures to ensure their ESI is being managed in keeping with their risk. They also are well-positioned to prepare for litigation in advance, evaluate costs and anticipate a strategy for responding to litigation events.

A data map also can help an organization understand its risk profile, which will allow it to:

• Validate or revise the current understanding of its data universe

• Identify sensitive data in previously unknown areas of the network and take necessary action

• Prevent data loss and gain visibility into risky data usage patterns—all allowing your private information to stay secure

via Technology: Proactive ESI data mapping for e-discovery.

Exterro’s Fusion Zeta Brings Data Management into the EDRM Process

Manage and Execute e-Discovery

With the addition of Fusion Zeta, Exterro’s suite of applications manages the e-discovery process, as well as executes all e-discovery activities. Fusion’s open Integration Hub now connects with common ESI data sources such as Microsoft Exchange and SharePoint while leveraging investments in IT infrastructure and other EDRM tools.

Zeta’s core functionalities include:

In-Place Early Case Assessment (ECA):

Users can scan and analyze data sources prior to collection

Users can develop scenarios with cost estimates for meet-and-confer preparation

Preservation, Culling and Collection:

Includes one-click collections from Exterro Legal Hold, Discovery Workflow, Collection Management or Zeta itself

Offers provision for manual and incremental collections

Users can create chain of custody reports and audit logs for defensibility

Analysis and In-House Review

Users have new search options that can pull relevant documents and cull unrelated or privileged information

Includes user-defined document labels for classification purposes

Users can implement email and social network analysis with powerful visualization tools

Fusion Zeta strikes the right balance between powerful technology and legal efficacy, making it accessible and useful for legal teams, while making it reasonable for IT to implement. The combination of cost estimation, custodian scoping and early evidence review delivers productive tools that organizations need.

 

via Exterro’s Fusion Zeta Brings Data Management into the EDRM Process.

‘Sexting,’ Texting and EDD Before High Court | Law.com

While stories of “sexting” and cheating husbands are common fare in tabloid magazines, such salacious facts are a relative rarity in U.S. Supreme Court cases. It is equally unusual for the Supreme Court to issue opinions with the potential to touch upon aspects of electronic discovery. A perfect storm is brewing in the form of City of Ontario v. Quon, No. 08-1332, in which the Supreme Court will address a government employee’s expectation of privacy in text messages sent from his employer-issued device — including spicy text messages sent to his wife and alleged mistress. Although Quon involves a public employer, the Court’s ruling potentially could have far-reaching implications for workplace best practices in the private sector as well. In addition, Quon has the potential to extend its reach to other forms of electronic communication beyond text messages, including other types of “outlier” electronically stored information.

Text messages are just one form of outlier ESI, data that parties are more likely to overlook during the discovery process given that it may exist “out of sight” and/or “out of mind.” Common sources of outlier ESI include cellphones and personal digital assistants, voice mail systems, instant messaging systems, chat rooms and web sites. Few court decisions have addressed the preservation and production requirements of outlier ESI in litigation. Under certain circumstances, however, failure to preserve and produce outlier ESI has been held to constitute spoliation and resulted in sanctions such as an adverse inference.

via ‘Sexting,’ Texting and EDD Before High Court.