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Electronic Discovery: It’s Just Technology, Right? | AmericanBar.org (Howard Reissner & Daryl Shetterly)

February 5, 2012 By Leave a Comment

Newly minted lawyers who barely remember the days before texting, Facebook, and smartphones were part of our daily lives may be forgiven for wondering why so much angst has developed at the intersection of law and technology. Surely our sophisticated legal system can adapt to the increased use of electronic communication, right?

If you weren’t on the scene to watch it unfold, it may be hard to appreciate the ways the explosion of information our clients create and store has changed the face of discovery. There was a time when clients sent us a folder or box of paper containing the documents relevant to the litigation.

Now the data is likely to come on a hard drive containing gigabytes or terabytes of data that, if printed to paper, would fill the lobby of our law firm with boxes. Finding the relevant documents is like looking for a needle in the proverbial haystack. Depending on the value of the case, it may cost more to find the relevant documents than the case is worth.

So how can you help litigants meet the goal of a “just, speedy and inexpensive determination of every action and proceeding” referenced in Rule 1 of the Federal Rules of Civil Procedure?

When faced with an electronic discovery issue, think about it in terms of people, process, and technology.

via Electronic Discovery: It’s Just Technology, Right?.

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5 Myths of Cloud Computing | White Paper – InfoWorld

January 23, 2012 By Leave a Comment

In recent years, cloud computing has been as visible as any topic in IT. Its front-page news status has been accelerated by Amazon, Salesforce.com, Yahoo, and Microsoft®, among other firms, aggressively vying for leadership in providing cloud infrastructure or services. However, this race for mindshare has obscured cloud computing facts. Many admit to the haze surrounding cloud computing.

This white paper separates fact from fiction, reality from myth, and, in doing so, will aid senior IT executives as they make decisions around cloud computing. While dispelling cloud computing myths, we will answer tough questions: How hard is it to adopt a private or hybrid cloud? How difficult is it to maintain and secure a cloud? How will the cloud transform my business? Do I have the right skill sets in place? What are some of my cost considerations? HP and Intel are committing extensive resources to helping customers with all of their questions and concerns around cloud computing.

via 5 Myths of Cloud Computing | Wp – InfoWorld.

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Intelligence agencies stymied by full disk encryption – FierceCIO:TechWatch

November 23, 2011 By Leave a Comment

ExtremeTech ran a report on how full disk encryption (FDE) is stymieing the efforts of federal intelligence agencies to access data stored in them. ExtremeTech highlighted three main problems with FDE, according to a research paper titled “The growing impact of full disk encryption on digital forensics” published earlier this month. They range from switching off a computer containing encrypted data for the purpose of transportation, time wasted in analyzing data volumes that were ultimately unreadable and the triggering of a self-destruction mechanism from hardware-based encryption devices.

A computer protected with FDE is at its most vulnerable when in active use, so specialized hardware such as the WiebeTech HotPlug has been designed to “transfer” a running desktop onto a UPS (Uninterruptible Power Supply) for transportation without the need to power it down. Additional gadgets such as the Mouse Jiggler helps ensure that screensaver never kicks in due to inactivity.

via Intelligence agencies stymied by full disk encryption – FierceCIO:TechWatch.

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What Is GlobalEReview?

October 18, 2011 By Leave a Comment

GlobalEReview™ is a discovery review system designed to review both electronic and paper documents in either non-linear or linear review models. GlobalEReview’s easy-to-use online application provides image and native file review; powerful searching; flexible tagging; custom form creation for content capture, analysis and workflows; Unicode and foreign language support, multi-party support and multiple production options on a highly scalable, enterprise-grade technology platform.

Key Functionality of a GlobalEReview Space:

  • PREDICTIVE BUDGETING – ONE RATE INCLUDES ONE YEAR OF HOSTING AND UNLIMITED USERS
  • INTERNATIONAL CHARACTER SUPPORT
  • UNIVERSAL IMAGE VIEWER
  • ADVANCED SEARCH
  • NON-LINEAR REVIEW
  • LINEAR REVIEW
  • TAGGING
  • FLEXIBLE PRODUCTION FORMATS
  • SECURE MULTI-PARTY, MULTI-MATTER REVIEW

Learn More

More information about GlobalEReview or the services of Global EDD Group is available by clicking here or by calling +1.888.690.DATA


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How to ensure your electronic information will be ready for litigation | Smart Business

October 2, 2011 By Leave a Comment

he process of discovery — when the parties involved in litigation exchange information relevant to the case — has adapted to fit the way business is done today. Is your company ready for e-discovery?

“Times have changed,” says Melissa Evans, an attorney with Jackson Lewis LLP.  “We are not living in a paper world any longer. Instead of office memos, you have e-mail. External communications that once would have been sent by U.S. mail are transmitted by e-mail. Even the fax has taken a backseat to e-mail.”

Traditionally, discovery in litigation entailed consulting paper documents that typically were segregated into labeled folders and file drawers. With electronic information, particularly e-mail communications, that level of file organization is rarely found. The combination of an increased volume of data with a failure to establish an organized system for file maintenance can potentially lead to problems if a company is faced with litigation.

via How to ensure your electronic information will be ready for litigation | Smart Business.

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News of the World saga: Email management lessons – ComputerworldUK.com

July 12, 2011 By Leave a Comment

Allegations of News International executives ordering the deletion of emails – around possible phone hacking by News of the World journalists – are prompting IT professionals to question their own email and document management policies.

The last edition of the News of the World was published on Sunday, after a 158 year run, amid allegations that journalists on the paper were attempting to acquire the contact details of members of the royal family, hack the mobiles of victims of the 9/11 terrorist attacks and members of the last government.

The phone hacking scandal itself has been compounded by claims that senior figures at News International were attempting to delete incriminating internal emails that are now in the hands of the police.

News of the World email investigation under new police spotlight News of the World emails show paper ‘bought’ royal family contact details Mobile phone hacking allegations – can you protect your voicemail?

As the News International drama unfolds lawyers have warned that all organsiations need to ensure their email retention policieis and practices are robust.

“Emails are treated like any other document and there is no law around how long they should be kept,” says Danvers Baillieu, a senior associate at law firm Pinsent Masons. Under normal circumstances, there is nothing stopping businesses from deleting messages, he says.

Indeed, businesses need to delete emails regularly where the personal information contained in them is no longer required so as to comply with the requirements of the data privacy laws,  says Anthony Nagle, an of Counsel lawyer at Morrison & Foerster. With businesses holding a “phenomenal” amount of “live data”, they should have at least a basic policy in place to deal with data retention, he says.

However, if criminal or civil proceedings are likely to take place,  organisations need to take a different approach, according to the experts. Baillieu says: “If a company senses the faintest whiff of something like that, then they have to keep the documents. Otherwise the deletion of such emails could weigh against them in the eyes of a judge or jury.”

via News of the World saga: Email management lessons – ComputerworldUK.com.

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Department of Commerce Official Holds Briefing on EU Data Protection Forum : Privacy & Information Security Law Blog

January 12, 2011 By Leave a Comment

On January 11, 2011, Michelle O’Neill, U.S. Department of Commerce Deputy Under Secretary for International Trade, held a briefing on her November 2010 meetings in Brussels with European data protection authorities.  She discussed a data protection and privacy forum that was convened in November at which she met with several high-level European regulators, including Jacob Kohnstamm, Viviane Reding and Peter Hustinx.  O’Neill mentioned “the right to be forgotten” as a current hot-button issue in Europe.  Commissioner Reding, who is firmly in charge of the reconsideration of the EU Data Protection Directive, focused on ensuring easier compliance with EU data protection rules and greater harmonization among Member States.  O’Neill stated that Peter Hustinx was encouraged by the work ongoing in the United States, including the “Green Paper” issued by the Department of Commerce.  He considers the various U.S. efforts a basis for further dialogue with U.S. authorities.  O’Neill noted that comments to the EU consultation are due January 15, 2011.  The Department of Commerce intends to file a response.

O’Neill met with Françoise Le Bail, Deputy Director General of the European Commission’s Directorate-General for Enterprise and Industry, to discuss the Safe Harbor framework.  She noted that the European Commission will host, and the Department of Commerce will co-sponsor, a Safe Harbor conference in late November 2011.

The Department of Commerce seeks to play an active role in the international dialogue, but does not see the need for a formal process at this time.  Instead, Commerce will be looking for opportunities to engage with the European Commission informally by leveraging existing events.  O’Neill indicated that the regulators in Brussels reacted positively to the Department’s Green Paper, and noted that comments in response to the Green Paper are due January 28, 2011.

via Department of Commerce Official Holds Briefing on EU Data Protection Forum : Privacy & Information Security Law Blog.

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86% of IT professionals admit reliance on paper records | Laundry Services

January 10, 2011 By Leave a Comment

The findings of a survey by document management software company, Version One, highlight that 86% of senior IT professionals are still reliant on paper records with over half of these (51%) stating that they are VERY reliant. Just 1% of respondents state that they “hardly ever” have to rely on paper records while the remaining 13% admit they are “occasionally reliant”. Version One carried out the research with 86 senior IT professionals (IT directors and managers) across a range of UK and Irish public and private sector organisations.

Senior IT professionals have mixed ideas on what would persuade them to dispense with paper records in favour of implementing an electronic document management (EDM) system. 32% of those surveyed said that they would most likely switch to EDM in order to improve customer service while 20% admitted that receiving assurance that electronic documents are legally permissible (such as with HM Revenue and Customs) would be a key driver for eliminating paper.

The remaining 48% of respondents indicate that they would be persuaded to move away from paper records if they were assured of all the following in relation to electronic document management: document security, customer service benefits, legislative admissibility and environmental benefits.

via 86% of IT professionals admit reliance on paper records | Laundry Services.

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Electronic Discovery: As an Attorney, Are You Prepared For It? | Tech Help USA

January 9, 2011 By Leave a Comment

Electronic Discovery: As an Attorney, Are You Prepared For It?

Youre sitting in your office when your secretary buzzes you and says you have a letter in from the mail. Upon opening it you realize its a request for electronic discovery. The opposing attorney is asking for your clients hard drives, emails, phone records, tape backups, and other legacy media.

Do you know how to respond to their request? Do you know what is relevant or not to the litigation? How do you review and do productions on electronic discovery? What kind of software exists out there to help? And cant you just give them paper and let them be happy with that?

So many questions, and not surprisingly, so many answers. To begin, you need to know what electronic discovery is before undertaking any kind of response. Electronic discovery is the term coined to indicate any information in electronic format that is passed between two parties for the sake of discovery during or before litigation commences. Such information can be electronic files on a hard drive, emails on a pda, server, laptop, or desktop, and voice and video recordings among other things.

Generally, most electronic discovery is centered on anything that could be paper, but is usually electronic. Emails, word documents, and excel spreadsheets seem to be the most highly sought after items in discovery. Whereas an attorney could get away in the past with printing out an email and handing it over the other side, these days that is generally not good enough. Email files contain what is called meta data which shows who sent the email, what time, who was ccd and who was even bccd. It may even show what email servers sent the data out originally.

Because emails are kept in electronic format during the ordinary course of business, it seems only right to ask for it in the same format. There are many vendors out there that can assist with processing emails and electronic files for the sake of discovery and productions. Doing a price comparison wont always give you the best solution for a service provider. Ask around. See who is doing a good job among other firms and who isnt. Vendors will take the electronic data, process it by taking out the metadata and create what is called a tiff image and a corresponding data record linked to that image that you can search on. These vendors will even OCR the image so that you can search on the words actually on the image.

Computer forensic experts also exist and would be happy to provide consultation to the attorney who needs help in deciding how to handle this new realm of discovery. Such consultants are usually well versed in discovery requests and can assist in making your own discovery request as well.

via Electronic Discovery: As an Attorney, Are You Prepared For It? | Tech Help USA.

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New EDRM White Paper: E-Discovery Research Roundtable: Buyers’ Perspectives on Challenges and Solutions « The Electronic Discovery Reference Model

December 14, 2010 By Leave a Comment

Cost containment for electronic discovery is a priority for most organizations today, even to the extent that some quantified and managed risk is now deemed acceptable. This is the assessment from a research roundtable conducted by Integreon at a recent legal industry conference. During the event, Integreon brought together more than thirty participants from top corporations and law firms. These individuals represented a cross section of industry roles, including lawyers and litigation support professionals, IT managers, and compliance and records management experts. This report summarizes the key e-discovery challenges organizations are currently facing (or expect to face in the future) and the initiatives they are undertaking to address them.

via New EDRM White Paper: E-Discovery Research Roundtable: Buyers’ Perspectives on Challenges and Solutions « The Electronic Discovery Reference Model.

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