Electronic Discovery

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  • Plaintiff "Entitled" to Search Non-Party's Personal Hard Drive Pursuant to Modified Subpoena

    Electronic Discovery Law
    K&L Gates
    6 Jan 2012 | 11:42 am
    Wood v. Town of Warsaw, N.C., No. 7:10-CV-00219-D, 2011 WL 6748797 (E.D.N.C. Dec. 22, 2011) Defendant moved to modify a subpoena which sought access to a non-party’s personal hard drive.  Upon plaintiff’s clarification that he would bear the costs of the search and cooperate to negotiate search terms and that he sought only the non-privileged ESI identified by search terms and not all contents of the drive, the court ordered that the non-party’s counsel could review the results before production and allowed the search to go forward.In this employment…

  • Social Media and Facebook eDiscovery

    JD Supra Electronic Discovery
    Peter Coons
    23 Jan 2012 | 2:43 pm
    Contributor: Peter Coons [View: Profile | Documents]

  • Data Privacy Day: Social media 'private' data is fair game for e-discovery in court

    EDD Blog Online
    26 Jan 2012 | 8:23 pm
    This Saturday, Jan. 28, is Data Privacy Day and it would be a great time to ponder our cyberculture, how much you share online and how well you manage your online reputation. In an increasingly connected world, everything people do online, from emailing, texting, uploading photos, making purchases online, to clicking the "like" and "retweet" buttons on favorite web pages, all contribute to their online reputation. In honor of Data Privacy Day, Microsoft released new data from a survey of 5,000 people whose online behaviors and attitudes vary widely and how their actions impact their overall…

  • New E-Discovery Software Heads to LegalTech

    EDD Update
    Michael Roach
    26 Jan 2012 | 2:16 pm
    Visitors to LegalTech New York's vendor floor can check out eagerly anticipated e-discovery releases. AccessData is adding an early case assessment module to its Summation product, while Clearwell promises a more tranparent predictive coding. Other e-discovery players bringing out their wares include BIA, debuting social media collection for its TotalDiscovery.com, and bit-level litigation hold from Index Engines. Check out the whole story, "E-Discovery Software Leads the Charge to LegalTech New York," from LTN reporter Evan Koblentz.

  • True Grit: Finding the Right EDD Formula

    EDD Update
    Monica Bay
    27 Jan 2012 | 2:59 pm
    With LegalTech New York on our doorstep, we've putting our February issue of Law Technology News online a few days early. Around 5 p.m. EST tonight, it should be "live" at www.lawtechnologynews.com (scroll down to the "LTN Magazine" Box). Check out our cover story about how BigLaw is trying to find just the right formula for handling e-discovery. We profile efforts at Littler; Winston & Strawn; WilmerHale; Fenwick; Pillsbury; K&L Gates; and several other firms. Littler's Paul Weiner is our "cover boy"! Our EDD Showcase also includes Cecil Lynn…
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    Discovery Resources

  • 2012: The Year Ahead in e-Discovery

    Chris Wilen
    27 Jan 2012 | 5:32 pm
    This time last year, e-discovery future telling was in full swing. Looking back, how did some of the top predictions of 2011 pan out? Check out the success rate here. So, what’s coming in 2012? The weather forecasting groundhog, Punxsutawney Phil, will not see his shadow on February 2nd at Gobbler’s Knob – winter will not be extended! Phil doesn’t do e-discovery forecasts, but there’s no shortage of well-known voices from the industry making their best guesses and sharing their predictions. Over the past few weeks, blogs, tweets and articles have been forecasting what’s to come.

  • Ethics and Legal Technology: LegalTech New York

    Rebecca James
    20 Jan 2012 | 11:31 am
    As e-discovery evolves and new legal technology emerges, practitioners need to invest in continued learning to maintain competence in the field and compliance with ethical standards. To help you stay current on case law, tools and rules impacting e-discovery and keep up with ethics standards, LegalTech New York (LTNY), is providing excellent educational tracks, including an opportunity to earn 5.5 units of ethics credit. Ethics, generally, is a set of rules for “right conduct” or a system of moral principles. What determines the “rightness” or “wrongness”…

  • 2012: Eye on the States (New Year, New Rules)

    Rebecca James
    11 Jan 2012 | 1:32 pm
    Connecticut rings in the new year with new rules, joining the pack of some 30 states now basing e-discovery rules in whole or in part on the 2006 Amendments. Florida and Massachusetts are considering new rules and the District of Columbia is awaiting approval of pending proposed rules. Also, Oregon has some minor amendments going into effect this year and Pennsylvania has some proportionality concepts brewing. A dozen states remain without action. Tom Allman, a leading state e-discovery expert, joined the year-end Fios webcast and presented updates on state e-discovery activity. He discussed…

  • e-Discovery Project Management presentation at Litigation Summit and Expo

    Donna Peterson
    17 Nov 2011 | 12:29 pm
    Over the past year, legal project management has become a popular topic at e-discovery conferences, legal education courses and white papers. A recent example could be found at the Litigation Summit and Expo (#LITSUM) held this week (Nov. 15-16). The session, entitled “Legal Project Management: Best Practices for eDiscovery Projects,” was presented by Bobby Malhotra, Staff Counsel at Munger, Tolles & Olson and our own Joanna Harrison, Sales Consultant at Fios. Thank you Bobby and Joanna for a very informative presentation and for sharing best practices and practical tips for…

  • New Fios Webcast: 5th Annual Statee-Discovery Update

    Shawn O'Dell
    3 Nov 2011 | 1:09 pm
    Date: Thursday December 8, 2011 Time: 1:00 PM ET (60 minutes) In his fifth annual Fios webcast, Tom Allman, the leading expert on state e-discovery rules, provides an update on state-level activities. Fios’ Rebecca James moderates this informative session which covers the following topics: The impact of the 2006 amendments on state e-discovery rule-making Key e-discovery issues with special relevance for states The status of preservation and spoliation rule-making efforts Register Now to attend and learn about particularly crucial state case developments, including an increasing number of…
 
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    Electronic Discovery Law

  • D.C. Court of Appeals Committee on the Unauthorized Practice of Law Issues Opinion addressing "Discovery Services Companies"

    K&L Gates
    24 Jan 2012 | 10:40 am
    On January 12, 2012, the D.C. Court of Appeals Committee on the Unauthorized Practice of Law (“UPL Committee”) approved Opinion 21-12 addressing the applicability of D.C. Court of Appeals Rule 49 to “‘discovery services companies’—companies that state they offer comprehensive discovery services, including assistance with large scale document review, to legal services organizations.”  Rule 49 prohibits the unauthorized practice of law.  The Opinion specifically recognizes that in recent years such companies have “dramatically expanded…

  • Failure to Produce Originals Could be Spoliation in Third Circuit

    K&L Gates
    23 Jan 2012 | 1:22 pm
    Bull v. United Parcel Service, Inc., --- F.3d ---, 2012 WL 10932 (3d Cir. Jan. 4, 2012) In this case, the appellate court concluded that “producing copies in instances where the originals have been requested may constitute spoliation if it would prevent discovering critical information,” but found that in the present case, the District Court abused its discretion in finding that spoliation had occurred and in imposing a sanction of dismissal with prejudice.The plaintiff in this case failed to produce two original notes from her doctor (but did produce copies during…

  • The Sedona Conference® Issues "International Principles on Discovery, Disclosure & Data Protection"

    K&L Gates
    10 Jan 2012 | 6:36 pm
    In December, the Sedona Conference® made available its latest publication, International Principles on Discovery, Disclosure & Data Protection: Best Practices, Recommendations & Principles for Addressing the Preservation & Discovery of Protected Data in U.S. Litigation (Public Comment Version).  Among the information included are six Principles and attendant commentary as well as a model protective order and a “model data process and transfer protocol for use by parties and courts to better protect litigation-related data subject to data protection laws within the…

  • Plaintiff "Entitled" to Search Non-Party's Personal Hard Drive Pursuant to Modified Subpoena

    K&L Gates
    6 Jan 2012 | 11:42 am
    Wood v. Town of Warsaw, N.C., No. 7:10-CV-00219-D, 2011 WL 6748797 (E.D.N.C. Dec. 22, 2011) Defendant moved to modify a subpoena which sought access to a non-party’s personal hard drive.  Upon plaintiff’s clarification that he would bear the costs of the search and cooperate to negotiate search terms and that he sought only the non-privileged ESI identified by search terms and not all contents of the drive, the court ordered that the non-party’s counsel could review the results before production and allowed the search to go forward.In this employment…

  • The "American Rule" Rules: Court Declines to Compel Defendants to Share Cost of Plaintiffs' Subpoena

    K&L Gates
    4 Jan 2012 | 1:30 pm
    Last Atlantis Capital LLC v. AGS Specialist Partners, No. 04 C 0397, 2011 WL 6097769 (N.D. Ill. Dec. 5, 2011) In this case, Plaintiffs proposed that Defendants share in the cost of obtaining data that Plaintiffs subpoenaed.  Obtaining the information at issue was described by the court as “the linchpin of this entire matter.”  Moreover, the court had suggested (at a status conference) that it would be “reasonable” for Defendants to aid in half the costs.  However, Defendants “steadfastly maintained that they ha[d] no independent need for the…
 
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    e-discovery 2.0

  • The Top Ten “What NOT to Do” List for LegalTech New York 2012

    Dean Gonsowski
    26 Jan 2012 | 12:45 pm
    As we approach LegalTech New York next week, oft referred to as the Super Bowl of legal technology events, there are any number of helpful blogs and articles telling new attendees what to expect, where to go, what to say, what to do. Undoubtedly, there’s some utility to this approach, but since we’ll be in New York, I think it’s appropriate to take a more skeptical approach and proffer a list of what *NOT* to do at LTNY. DON’T get caught up in Buzzword Bingo. There are already dozens of sources attempting to prognosticate what the most popular buzzwords will be at this year’s…

  • The Social Media Rubik’s Cube: FINRA Solved it First, Are Non-Regulated Industries Next?

    Allison Walton
    25 Jan 2012 | 11:36 am
    It’s no surprise that the first industry to be heavily regulated regarding social media use was the financial services industry. The predominant factor that drove regulators to address the viral qualities of social media was the fiduciary nature of investing that accompanies securities, coupled with the potential detrimental financial impact these offerings could have on investors. Although there is no explicit language in FINRA’s Regulatory Notices 10-06 (January 2010) or 11-30 (August 2011) requiring archival, the record keeping component of the notices necessitate social media…

  • 2012: Year of the Dragon – and Predictive Coding. Will the eDiscovery Landscape Be Forever Changed?

    Matthew Nelson
    23 Jan 2012 | 6:00 am
    2012 is the Year of the Dragon – which is fitting, since no other Chinese Zodiac sign represents the promise, challenge, and evolution of predictive coding technology more than the Dragon.  The few who have embraced predictive coding technology exemplify symbolic traits of the Dragon that include being unafraid of challenges and willing to take risks.  In the legal profession, taking risks typically isn’t in a lawyer’s DNA, which might explain why predictive coding technology has seen lackluster adoption among lawyers despite the hype.  This blog explores the promise of predictive…

  • Losing Weight, Developing an Information Governance Plan, and Other New Year’s Resolutions

    Dean Gonsowski
    17 Jan 2012 | 11:06 am
    It’s already a few weeks into the new year and it’s easy to spot the big lines at the gym, folks working on fad diets and many swearing off any number of vices.  Sadly perhaps, most popular resolutions don’t even really change year after year.  In the corporate world, though, it’s not good enough to simply recycle resolutions every year since there’s a lot more at stake, often with employee’s bonuses and jobs hanging in the balance. It’s not too late to make information governance part of the corporate 2012 resolution list.  The reason is pretty simple – most companies…

  • Information Governance Gets Presidential Attention: Banking Bailout Cost $4.76 Trillion, Technology Revamp Approaches $240 Billion

    Allison Walton
    10 Jan 2012 | 9:30 am
    On November 28, 2011, The White House issued a Presidential Memorandum that outlines what is expected of the 480 federal agencies of the government’s three branches in the next 240 days.  Up until now, Washington, D.C. has been the Wild West with regard to information governance as each agency has often unilaterally adopted its own arbitrary policies and systems.  Moreover, some agencies have recently purchased differing technologies.  Unfortunately,  with the President’s ultimate goal of uniformity, this centralization will be difficult to accomplish with a range of disparate…
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    EDD Update

  • True Grit: Finding the Right EDD Formula

    Monica Bay
    27 Jan 2012 | 2:59 pm
    With LegalTech New York on our doorstep, we've putting our February issue of Law Technology News online a few days early. Around 5 p.m. EST tonight, it should be "live" at www.lawtechnologynews.com (scroll down to the "LTN Magazine" Box). Check out our cover story about how BigLaw is trying to find just the right formula for handling e-discovery. We profile efforts at Littler; Winston & Strawn; WilmerHale; Fenwick; Pillsbury; K&L Gates; and several other firms. Littler's Paul Weiner is our "cover boy"! Our EDD Showcase also includes Cecil Lynn…

  • LTNY Editors' & Bloggers Breakfast

    Monica Bay
    27 Jan 2012 | 2:50 pm
    A quick reminder that ALM will continue our tradition of our Editors’ Breakfast Tuesday, Jan. 31,  at 8 a.m., in the Petit Trianon room, at the Hilton — followed by our bloggers’ get together.  David Snow, head of our ALM technology unit, will kick off the breakfast with a short report about ALM’s recent survey of vendors — we asked them how they see the current State of the [Legal Technology] Union. This is a great oppty for vendors and PR teams to meet “face-to-face” with editorial staff from our national publications and newsletters.  It’s free, no badges…

  • Here Comes the EDD Tidal Wave at LTNY

    Michael Roach
    27 Jan 2012 | 2:12 pm
    More e-discovery vendors are announcing products and services ready for viewing at LegalTech New York. • Ipro Tech reports that it is adding predictive coding, concept searching, and other features to its Eclipse discovery system. • Recommind reports that it is updating its Axcelerate eDiscovery to be manageable through a single interface. • Australia's Nuix is adding defensible data deletion to its suite of offerings. Expect on-premise software versus the cloud; cloud data collection; and product compatibility and integration to be among the major e-discovery themes on the floor…

  • Patent Pilot Discovery: Tip of the Spear

    Mark Michels
    26 Jan 2012 | 8:53 pm
    Check out the LTN article "Patent Pilot Discovery: the Tip of the Spear," by Mark Michels, which reports on Federal Circuit Court of Appeals Chief Judge Randall Rader's keynote speech at Stanford Law School on January 18, 2012, on the Patent Pilot Program. The U.S. District Court for the Northern District of California is one of 14 districts selected by the director of the Administrative Office of the United States Courts to participate in the pilot program, which is intended to enhance expertise in patent cases among federal judges. See Pub. Law 111–349 (Jan. 4, 2011).

  • New E-Discovery Software Heads to LegalTech

    Michael Roach
    26 Jan 2012 | 2:16 pm
    Visitors to LegalTech New York's vendor floor can check out eagerly anticipated e-discovery releases. AccessData is adding an early case assessment module to its Summation product, while Clearwell promises a more tranparent predictive coding. Other e-discovery players bringing out their wares include BIA, debuting social media collection for its TotalDiscovery.com, and bit-level litigation hold from Index Engines. Check out the whole story, "E-Discovery Software Leads the Charge to LegalTech New York," from LTN reporter Evan Koblentz.
 
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    The eDiscovery Paradigm Shift

  • The Perfect Storm: eDiscovery and Cloud Service Providers

    25 Jan 2012 | 11:59 am
    The market for Cloud Service Providers (CSPs) is very sunny.  Forrester Research predicted in a research report published earlier this year titled, “Sizing the Cloud” that the global cloud computing market would reach $241 billion in 2020 compared to $40.7 in 2010.  And, Gartner Predicts that the eDiscovery market will reach $1.5 Billion by 2013.  However, based upon the research that I have completed over the past sixty (60) days, Cloud Service Providers (CSPs) and their clients are ignoring eDiscovery as an important…

  • The Dangers of Do-It-Yourself eDiscovery: A Warning to Lawyers and Business Leaders.

    21 Jan 2012 | 6:04 pm
    The goal of eDiscovery is to acquire relevant electronically stored information (ESI) and admit relevant and useful ESI into evidence. While ESI may be used for other purposes, such depositions or settlement negotiations, if the ESI is not gathered properly, it will not be admissible into evidence. Such a result would waste both the time and cost expended to obtain the ESI. Lawyers should not gather ESI personally and the person who does the collection should be qualified to do such work. Otherwise, the ESI may not be admissible and significant damage may be done to a party’s case.The…

  • Cloud Computing Architecture and eDiscovery

    8 Jan 2012 | 1:22 pm
    Cloud computing is now the defacto Information Management (IT) architecture that enterprises are either already utilizing or have plans to utilize in the near future. The goal of this Blog post is to provide an overview of cloud computing, it's effect on the practice of eDiscovery and what eDiscovery in the cloud really means.From a pure conceptual standpoint, cloud computing is actually a marketing term for technologies that provide computation, software, data access, and storage services that do not require end-user knowledge of the physical location and…

  • Enterprise App Store in the Cloud

    7 Jan 2012 | 2:16 pm
    If you are using the iPhone, iPad or one of the Android portable devices,  you are already familiar with the concept of an "App Store".The Apple App Store opened on July 10, 2008 via an update to iTunes. On July 11, the iPhone 3G was launched and came pre-loaded with iOS 2.0.1 with App Store support; new iOS 2.0.1 firmware for iPhone and iPod Touch was also made available via iTunes. As of June 6, 2011, there are at least 425,000 third-party apps officially available on the App Store.As of January 18, 2011, the App Store had over 9.9 billion downloads and at…

  • eDiscovery and the Lawyer's Duty of Competence

    28 Dec 2011 | 1:37 pm
    The level of eDiscovery knowledge and experience among attorneys is widely varied. Some understand the issues in-depth, others have a passing knowledge of the basics, and other do not have even a beginner’s comprehension of the issues. Those who fail to acquire a working understanding eDiscovery issues are doing a great disservice to their clients; they may even be committing malpractice.I often preach that there were two obligations highlighted in the 2006 amendments to the Federal Rules of Civil Procedure. First, is the duty to disclose ESI when required. As is widely known, when…
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    e-Discovery Team ®

  • My CLE event this week with the e-Discovery Triumvirate: Judges Facciola, Grimm and Peck; and my upcoming battle at Legal Tech with Craig Ball

    Ralph Losey
    22 Jan 2012 | 3:45 pm
    I took part in a day-long CLE this week in Charlotte, North Carolina, where the big-three of e-discovery all attended, United States Magistrate Judges Paul Grimm, John Facciola and Andrew Peck. It was great to see the Triumvirate in action, even though I did suffer some friendly abuse from their rulings in the mock court [...]

  • Bottom Line Driven Proportional Review

    Ralph Losey
    15 Jan 2012 | 5:28 pm
    I have been working on the problem of out-of-control e-discovery costs since 2006. At that time I phased out my general trial practice, went full-time e-discovery, and started this blog. (By the way, did you notice the new ® in the blog title? It means the U.S. Patent and Trademark Office granted me the trademark [...]

  • Storytelling: The Shared Quest For Excellence in Document Review

    Ralph Losey
    8 Jan 2012 | 3:58 pm
    Guest Blog by William F. Hamilton and Lawrence C. Chapin. Bill Hamilton is an attorney with nearly thirty years of experience in business litigation who is a partner at Quarles & Brady. Bill also serves as the Dean of the E-Discovery Department of Bryan University, which includes an online educational program in e-discovery project management. [...]

  • Secrets of Search – Part III

    Ralph Losey
    29 Dec 2011 | 7:54 pm
    Now finally we come to the conclusion of this series on the Secrets of Search where all will be revealed. (Well, to be entirely honest, not all will be revealed. I’m still going to keep a few trade secrets up my sleeve for law partners and family.) As you can see by the photo, junior [...]

  • Secrets of Search – Part II

    Ralph Losey
    18 Dec 2011 | 6:54 pm
    This is Part Two of the blog that I started last week on the Secrets of Search, which was in turn a sequel to two blogs before that: Spilling the Beans on a Dirty Little Secret of Most Trial Lawyers and Tell Me Why?  In Secrets of Search – Part One we left off with a [...]
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    ediscoveryinfo

  • Columbus E-Discovery Roundtable Breakfast (Fri. Jan. 20) – “Designing an Effective E-Discovery Workflow”

    Brett Burney
    19 Jan 2012 | 6:16 am
    Brett Burney will be participating in an E-Discovery Roundtable Breakfast on Friday, January 20, 2012 in Columbus, OH. Brett will be joining Geoff Wilcox of Black Letter Discovery, Marc Fulkert of Jones Day, and Joe Grespin of TechLaw Solutions. Details below: Topic: “Designing an Effective E-Discovery Workflow” Date: Friday, January 20, 2012 Time: 8:00am to 9:30am (Networking Breakfast at 8:00am; Roundtable Discussion begins at 8:30am) Location: Black Letter Discovery 10 W. Broad St. Suite 575 Columbus, OH 43215 RSVP: Geoff Wilcox, Executive Vice President, Black Letter Discovery…

  • Excellent Coverage of LegalTech West Coast 2011 from E-Discovery Insights Blog

    admin
    5 Jun 2011 | 3:04 pm
    I was honored to be invited to speak at LegalTech West Coast last month (May 17 & 18), but I didn’t get a chance to post on my experiences. Fortunately, my friend Perry Segal was there and did a fantastic job of covering the show on Day 1 and Day 2. I had not met Perry before the show, but he had graciously filled in for me last year when I had to miss a speaking engagement in the Los Angeles area. Since Perry lives close to the area, I reached out to him at the last minute and he was able to fill in. So I was elated to meet him in person and my only regret is that we didn’t…

  • Fios Webinar: State E-Discovery: An Important Year for Changes

    admin
    3 Nov 2010 | 3:37 pm
    Tom Allman will be giving his fourth annual Fios webcast on the state of the states’ adoption of e-discovery rules on Thursday, December 9, 2010. I regard Tom as one of the most informed folks on state e-discovery rules, and regularly provides updates on the topic such as this one from September 9, 2010. I depended heavily on Tom’s research when I wrote my article “Mining E-Discovery Stateside” for Law.com. As significant as the amendments were to the Federal Rules of Civil Procedure, I believe it’s even more important at the state level, although many folks…

  • Webinar: eDiscovery Project Management

    Brett Burney
    10 Jun 2010 | 5:53 am
    I’m thrilled to be presenting a webinar hosted by Encore Discovery Solutions tomorrow (Friday, June 11, 2010) entitled “eDiscovery Project Management.” The topic is a popular one these days. Many legal professionals “manage” projects everyday, but the intricacies of e-discovery require that we adopt traits found in the technical discipine of project management. I’ve written about e-discovery project management for TechnoLawyer and that article is available here. I also recorded a podcast on ESIBytes.com with Karl Schieneman entitled Can You Project Manage…

  • Viewing a Lawyer’s Prize Through IT Eyes

    Brett Burney
    26 May 2010 | 9:36 pm
    An excellent IT perspective on e-discovery today from Ira Winkler entitled “Arrogant lawyers: the greatest threat to your organization.” Winkler is a well-respected writer on corporate information security. I’ve witnessed the same scenario in corporate environments concerning e-discovery that Winkler describes in the first few paragraphs such as “information security staff traditionally look at their role in the e-discoery process as ensuring the integrity of the data…” and “many people are intimidated by their organization’s lawyers –…
 
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    EDD Blog Online

  • NLRB warns employers about broad social media policies

    27 Jan 2012 | 6:47 am
    A new report from the National Labor Relations Board National Labor Relations Board Latest from The Business Journals Hispanics United plan may lead to expanded servicesSmall firms also can be NLRB targetsNLRB recess appointments bad news for business Follow this company says essentially that employers should not craft overly broad social media policies that infringe on employee activities already protected by federal labor laws. And disciplining workers for violating such overly broad policies is unlawful, the NLRB says. The report serves as a guide for lawyers, managers and human resources…

  • Are E.U. and Google Data Policies the Future of Online Privacy?

    27 Jan 2012 | 6:45 am
    It’s been a big week for data privacy. First Google announced its new privacy policy, which will sync user information across all company products, including search results. Then the European Union announced a proposed overhaul of its data protection law. And next, the Federal Trade Commission and the U.S. Department of Commerce are expected to unveil their own communiqués on U.S. privacy policy. (And in case it’s not already on your calendar, Thursday was also Data Privacy Day!) What does this sudden explosion in attention to data privacy mean for companies? “I think the first…

  • Data Privacy Day: Social media 'private' data is fair game for e-discovery in court

    26 Jan 2012 | 8:23 pm
    This Saturday, Jan. 28, is Data Privacy Day and it would be a great time to ponder our cyberculture, how much you share online and how well you manage your online reputation. In an increasingly connected world, everything people do online, from emailing, texting, uploading photos, making purchases online, to clicking the "like" and "retweet" buttons on favorite web pages, all contribute to their online reputation. In honor of Data Privacy Day, Microsoft released new data from a survey of 5,000 people whose online behaviors and attitudes vary widely and how their actions impact their overall…

  • Revealed: The FBI Wants to Monitor Social Media

    26 Jan 2012 | 8:09 pm
    The FBI is looking to develop a web application that can monitor social networks, including Facebook and Twitter, in order to gain better real-time intelligence about current or potential future security threats or situations. This plan was inadvertently revealed by the FBI’s Strategic Information and Operations Center (SOIC) in a market research request for a “Social Media Application.” The eagle-eyed New Scientist picked up on the request, which aims to “determine the capabilities of the IT industry to provide a social media application.” Government agencies like the FBI are…

  • Opinion: Eliminating human error from data loss risk

    26 Jan 2012 | 6:52 am
    In a world adopting workforce mobility and flexibility more and more, we have to accept that sensitive data is going to be carried on portable devices, and take steps to secure it. Unfortunately, too many organisations are failing to do this. Google the words “data loss” and you will be inundated with results referring to portable devices containing sensitive information that have been lost or stolen. For example, it was reported back in July that the Department of Health alone had lost more than 300 laptops and 400 mobile phones since 1997. Although an outright ban on storing business…
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    Bag and Baggage

  • You're Awfully White: Getting To Colombia

    Denise Howell
    10 Jan 2012 | 2:21 pm
    Tyler and I left at the crack of dawn to make our 9 a.m. flight from L.A. on the one day it rained in December.  Some day in my life I'll be early for a flight. This wasn't the day — but I did manage to slap on a coat of mascara just before running out the door. En route to Miami I did mental victory laps about finishing Christmas wrapping, tree trimming, and otherwise clearing the decks so we wouldn't return to a mess of holiday stress and activity.  (By the way/groan:  as I write this, our tree is still up.)  I read our itinerary, Spanish vocabulary cards, and…

  • The Six Stages Of Colombia

    Denise Howell
    28 Dec 2011 | 12:30 pm
    On August 4, 2011, I'd never thought of visiting Colombia.  I didn't even have a precise idea where it was in South America. However, I'd joined Google+ the month before, had been using the service, and at that time I think about 10,000 people had me in circles.  (The growth on Google+ has been remarkable.  On Twitter, some 8,000 people follow me and that's been constant for awhile.  On Google+ at the moment, 245,590 people have me in circles, up from 10K in early August and 0 in early July.  I have no idea why there's such rapid uptake on Google+ or why the huge…

  • Back From Colombia

    Denise Howell
    24 Dec 2011 | 6:22 pm
    At the behest and hospitality of Matt Dickhaus and Viventura,  I've just gotten back from a trip to Colombia, where I was joined by my son Tyler (8), good friend Lorri Megonigal, and her son Ryan (8), on an amazing adventure.  We went to Medellín and its environs, the Pacific coast, the Caribbean coast, and one or two unexpected places along the way.  Over the next couple of weeks as the holiday dust settles, I'll tell you much more about how we decided to go to Colombia (it unfailingly raises eyebrows), where we went, the people we met, the animals who ate our food and…

  • TWiL 134 - 139

    Denise Howell
    11 Dec 2011 | 9:10 am
    Thanks to our wonderful panels on the last several episodes of This WEEK in LAW! 134 Siri: Sony? Sunny. 135 Spouses Bearing iPhones 136 Patent Thickets And Words With Friends 137 iLaw: Justice Inside. 138 A Face For Booze 139 Strike The Pose TWiL is on Twitter and Facebook, if you're so inclined. Please also rate the show in iTunes. This WEEK in LAW on Facebook 

  • Recent TWiLs

    Denise Howell
    15 Oct 2011 | 10:56 am
    Catching up: here are the videos from episodes 129-133 of This WEEK in LAW! All the show pages, with links to discussion points and more info, are at TWiT.tv/twil.TWiL is on Twitter and Facebook, if you're so inclined. Please also rate the show in iTunes. This WEEK in LAW on Facebook 
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    Ride The Lightning

  • Is Your Videoconferencing System Open to Hackers?

    Sharon D. Nelson, Esq.
    26 Jan 2012 | 9:00 am
    Something else to worry about, right? Apparently so, according to a Dark Reading report (hat tip to friend and colleague Dave Ries) published on January 24th. Last October, security researcher HD Moore scanned about 3 percent of addressable Internet space looking for high-end videoconferencing systems present in many corporate and law firm conference rooms. The scan, which took about two hours using a handful of computers, discovered a quarter of a million systems that understood the H.323 protocol, widely used by Internet protocol (IP) communication systems. Moore, the chief security…

  • Federal Court Says Decrypting Laptop Does Not Violate Fifth Amendment

    Sharon D. Nelson, Esq.
    25 Jan 2012 | 9:00 am
    The press has reported that Colorado federal judge Robert Blackburn has ordered Ramona Fricosu, who is accused of bank fraud, to release the contents of her encrypted hard drive. She had argued that doing so would would essentially mean she was testifying against herself in violation of the Fifth Amendment. “I find and conclude that the Fifth Amendment is not implicated by requiring production of the unencrypted contents of the Toshiba Satellite M305 laptop computer,” the judge wrote in his ruling on January 23rd. There are cases on both sides of this issue - so far, no court has…

  • Supreme Court: Warrant Needed for GPS Tracking

    Sharon D. Nelson, Esq.
    24 Jan 2012 | 9:00 am
    Not many folks expected the decision in U.S. v. Jones to be unanimous, but it was. It is now the law of the land that police must obtain a warrant before utilizing a GPS device to track criminal suspects. The installation of such a device without a warrant was held to constitute a "search" under the Fourth Amendment's protection against unreasonable searches and seizures. The police actually had obtained a warrant to attach a GPS device to the Jeep of D.C. drug king Antoine Jones, but it had expired before they attached it. The Keystone Kops would be proud. Jones was convicted…

  • Google Pulls "Sesame" App

    Sharon D. Nelson, Esq.
    23 Jan 2012 | 9:00 am
    I was so intrigued by the recent post in Lifehacker about how to use your smartphone to securely log into your Google account from an insecure computer that I blogged it - and just last week at that. Hat tip to friend and colleague Dan Pinnington (bet it's a lot colder in Canada buddy) for letting me know that Google has pulled its Sesame app. When I verified Dan's note (and he was irked too), you get this message, Hi there - thanks for your interest in our phone-based login experiment. While we have concluded this particular experiment, we constantly experiment with new and more…

  • Sign Into Your Google Account on a Public Computer Using a QR Code

    Sharon D. Nelson, Esq.
    19 Jan 2012 | 9:00 am
    Gotta love Lifehacker. Always coming up with something new. I really loved the recent post about signing on to your Google account on a public computer securely. As you probably know, those hotel and cyber cafe computers are often rife with spyware. But here's a great workaround. Point the insecure computer's browser at accounts.google.com/sesame. Now pull out your smartphone, open any app capable of reading QR codes (Google Goggles for example) and take a shot of the QR code that is generated at accounts.google.com/sesame. When your phone's browser (which will need to be…
 
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    ELECTRONIC DISCOVERY - E-Discovery Blog and Law Guides

  • BigLaw firms Offer Different Models for Delivering E-discovery Services – Electronic Discovery

    E-Discovery News Feed
    27 Jan 2012 | 8:23 am
    BigLaw firms Offer Different Models for Delivering E-discovery Services Management of e-discovery is a challenge for large firms, whose clients present complex litigation with literally millions of electronically stored documents. In today’s competitive environment, firms have been exploring everything from e-discovery practice groups to vendor alliances, in order to attract clients. On Law Technology Now, host and Law Technology News’ editor-in-chief, Monica Bay joins John Rosenthal, partner at Winston & Strawn, and Paul Weiner, national e-discovery counsel and shareholder at…

  • VIDEO – Privacy Policies: What You Don’t Know Can Hurt You – Electronic Discovery

    E-Discovery News Feed
    27 Jan 2012 | 6:23 am
    VIDEO – Privacy Policies: What You Don’t Know Can Hurt You My video interview about business risks concerning Internet Privacy Policies is very timely since Google just announced a radical change in its Privacy Policies. You are welcome to view the video interview “Privacy Policies: What You Don’t Know Can Hurt You” thanks to my friends at Financial Management Network (& parent SmartPros Ltd.). Of course Privacy Policies is a common topic for me as my October 2011 monthly Technology Law column at eCommerce Times was entitled “Shore Up Your Privacy…

  • Rebirth of Summation – Electronic Discovery

    E-Discovery News Feed
    26 Jan 2012 | 8:20 pm
    Rebirth of Summation Twenty-five years is a long time.  It sounds even longer when you say “a quarter century.”  A quarter century brings words, like longevity, stability, permanence and dependability (checking my thesaurus… yep, that’s it). Did you know that’s how long AccessData and Summation have been in the business of making software?  That’s longer than Google (14 years in Sept.) and literally decades more mature than our closest competitor(s). We announced the rebirth of the Summation product line this week.  Summation has been overhauled to meet the demands of…

  • The Top Ten “What NOT to Do” List for LegalTech New York 2012 – Electronic Discovery

    E-Discovery News Feed
    26 Jan 2012 | 4:23 pm
    The Top Ten “What NOT to Do” List for LegalTech New York 2012 As we approach LegalTech New York next week, oft referred to as the Super Bowl of legal technology events, there are any number of helpful blogs and articles telling new attendees what to expect, where to go, what to say, what to do.  Undoubtedly, there’s some utility to this approach, but since we’ll be in New York, I think it’s appropriate to take a more skeptical approach and proffer a list of what *NOT* to do at LTNY. DON’T get caught up in Buzzword Bingo.  There are already dozens of sources attempting to…

  • Law.com – Rounding Up the 10 Biggest IP Litigation Wins of 2011 – Electronic Discovery

    E-Discovery News Feed
    26 Jan 2012 | 3:20 pm
    Law.com – Rounding Up the 10 Biggest IP Litigation Wins of 2011 A story of smartphones, drugs, and toys …… read about the winners..and the… Rounding Up the 10 Biggest IP Litigation Wins of 2011 Background: Law.com – Rounding Up the 10 Biggest IP Litigation Wins of 2011 Source: original article Author: David Categories: Electronic discovery, e-discovery, ediscovery This e-discovery news is syndicated from e-discovery websites and blogs that make their feed available via RSS. Contact us to have your RSS feed added or removed.
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    e-Discovery Insights

  • Beware the Ides of #Google

    Perry L. Segal
    27 Jan 2012 | 7:36 am
    You didn't think all that free stuff was free, did you?  Sure...multi-billion-dollar conglomerates give you all kinds of tools and want nothing in return.  No, like with most loss-leaders, they lure you through the door at a bargain, make you comfortable, then make it up elsewhere; such as by mining your data. Beginning March 1st, 2012, Google will be using a bigger shovel.  That's when they implement their new privacy policy.  Funny...it should probably be deemed a 'lack-of-privacy' policy.  Essentially it allows them to mine your data over most of their products in…

  • Four/Fifths of a Decision by the #SCOTUS

    Perry L. Segal
    26 Jan 2012 | 4:13 pm
    OK; all of my chapters for the California State Bar book are submitted, I've returned from my trip to San Francisco for the Section Leadership Conference, and you all know what that means! [Somebody, please tell me what it means...] In theory, what I *think* it means is that I'll be able to resume posting relevant content two to three times per week.  In practice?  Stay tuned... If you're a follower of the Supreme Court, and you're also someone who is very interested in rulings that affect privacy, and depending on which side you're on, then this week, you are either: Happy that the 4th…

  • e-Discovery LOL: "Pardon Me, Do You have any Pay #Groupon?"

    Perry L. Segal
    13 Jan 2012 | 1:52 pm

  • e-Discovery California: Proposed Formal Opinion Interim No. 10-0003 (VLO) is the Right Answer to the Wrong Question

    Perry L. Segal
    6 Jan 2012 | 5:13 pm
    42.  (That's for those of you who picked up on the 'Hitchhiker's Guide to the Galaxy' reference). I usually don't feel it necessary to refer you to my disclaimer but, because this is a State Bar of California opinion - and I'm Vice-Chair of their Law Practice Management & Technology Section Executive Committee (LPMT) - I want to remind you that: "This blog site is published by and reflects the personal views of Perry L. Segal, in his individual capacity.  Any views expressed herein have not been adopted by the California State Bar's Board of Governors or overall membership, nor are they…

  • v-Discovery Insights: #Facebook - An Arm of the #CIA

    Perry L. Segal
    30 Dec 2011 | 1:29 pm
    Well, this is my wrap-up post for 2011.  I'm about halfway through writing my assessment of CalBar's Proposed Formal Opinion Interim No. 10-0003 (Virtual Law Office) and should have it up by early next week. And no, I'm not finished with my sections of the Calbar book, yet... I see all of the year-end predictions and top-ten lists out there, but I'm closing out 2011 with this video from The Onion News Network.  I'm laughing, but not too much... Happy New Year!
 
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    Bow Tie Law's Blog

  • Printing ESI & Scanning It Is Not OK

    bowtielaw
    27 Jan 2012 | 2:51 pm
    In Indep. Mktg. Group v. Keen, the Defendant-Requesting Party requested the corporate Plaintiff conduct targeted searches with specific key words on specific custodians on the Plaintiff’s server.  Indep. Mktg. Group v. Keen, 2012 U.S. Dist. LEXIS 7702 (M.D. Fla. Jan. 24, 2012). The Plaintiff produced one multiple page PDF without any searchable text or metadata.  Indep. Mktg. Group., at *2. The Defendant requested the Plaintiff do a reasonable search on their server for responsive ESI.  The Defendant responded by producing four “poor quality” PDF files without any search text.  The…

  • Smile for the Discovery Production

    bowtielaw
    20 Jan 2012 | 11:56 am
    In a dispute between a photographer and an educational textbook publisher, the Plaintiff sough the production of a definition list to the Defendants’ database abbreviations.  Bean v. John Wiley & Sons, 2012 U.S. Dist. LEXIS 4900, 1-3 (D. Ariz. Jan. 17, 2012). The Defendants’ sales, printing and distribution database was originally produced as screenshots and then as an Excel file.  Bean, at *1-2. The Excel file column headings contained many alphanumeric abbreviations, such as “LME4” and “VG Enc PAG.”  Bean, at *2. After reviewing abbreviations reminiscent of a lens focal…

  • “Fear” is Not An Objection to Search Terms

    bowtielaw
    9 Jan 2012 | 12:31 pm
    In a trade secret case involving the search of electronically stored information, the parties disagreed over the use of keywords to search the data sets. Custom Hardware Eng’g & Consulting v. Dowell, 2012 U.S. Dist. LEXIS 146, 7-8 (E.D. Mo. Jan. 3, 2012). The gravamen of the dispute was the Defendant’s argument to use a set of search terms that required precise matches between search terms and ESI. Custom Hardware, at *6.  The Plaintiff countered this narrow search would prevent discoverable information from being produced.  Id. The Court reviewed several major cases involving…

  • There is Only One Way to Rock Search Terms

    bowtielaw
    28 Dec 2011 | 1:35 pm
    In Re National Association of Music Merchants, Musical Instruments and Equipment Antitrust Litigation involved a dispute over additional searches of electronically stored information using abbreviations and acronyms for previously agreed-upon search terms. Instead of turning the discovery dial up to 11, the Court pulled the plug on the additional search terms.  In re Nat’l Ass’n of Music Merchs., Musical Instruments & Equip. Antitrust Litig., 2011 U.S. Dist. LEXIS 145804, 21-24 (S.D. Cal. Dec. 19, 2011). Search Terms: I Still Haven’t Found What I’m Looking For The…

  • “Any Party’s” Claims or Defenses

    bowtielaw
    23 Dec 2011 | 2:47 pm
    Nothing says Christmas like an opinion by Judge Facciola. Jenkins v. Wash. Metro. Area Transit Auth., is litigation over a train crash between two Washington Metropolitan Area Transit Authority trains.  Jenkins v. Wash. Metro. Area Transit Auth., 2011 U.S. Dist. LEXIS 146065 (D.D.C. Dec. 19, 2011). Like almost all litigation, the discovery dispute must have felt like a train wreck to the parties. The discovery dispute can be summarized as follows: one subcontractor Defendant (hereinafter the Moving Party) brought a sanctions motion against another Defendant (Opposing Party), claiming they…
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    e-Discovery Team ®

  • My CLE event this week with the e-Discovery Triumvirate: Judges Facciola, Grimm and Peck; and my upcoming battle at Legal Tech with Craig Ball

    ralph.losey@gmail.com (Ralph C. Losey)
    22 Jan 2012 | 3:45 pm
    I took part in a day-long CLE this week in Charlotte, North Carolina, where the big-three of e-discovery all attended, United States Magistrate Judges Paul Grimm, John Facciola and Andrew Peck. It was great to see the Triumvirate in action, even though I did suffer some friendly abuse from their rulings in the mock court [...]

  • Bottom Line Driven Proportional Review

    ralph.losey@gmail.com (Ralph C. Losey)
    15 Jan 2012 | 5:28 pm
    I have been working on the problem of out-of-control e-discovery costs since 2006. At that time I phased out my general trial practice, went full-time e-discovery, and started this blog. (By the way, did you notice the new ® in the blog title? It means the U.S. Patent and Trademark Office granted me the trademark [...]

  • Storytelling: The Shared Quest For Excellence in Document Review

    ralph.losey@gmail.com (Ralph C. Losey)
    8 Jan 2012 | 3:58 pm
    Guest Blog by William F. Hamilton and Lawrence C. Chapin. Bill Hamilton is an attorney with nearly thirty years of experience in business litigation who is a partner at Quarles & Brady. Bill also serves as the Dean of the E-Discovery Department of Bryan University, which includes an online educational program in e-discovery project management. [...]

  • Secrets of Search – Part III

    ralph.losey@gmail.com (Ralph C. Losey)
    29 Dec 2011 | 7:54 pm
    Now finally we come to the conclusion of this series on the Secrets of Search where all will be revealed. (Well, to be entirely honest, not all will be revealed. I’m still going to keep a few trade secrets up my sleeve for law partners and family.) As you can see by the photo, junior [...]

  • Secrets of Search – Part II

    ralph.losey@gmail.com (Ralph C. Losey)
    18 Dec 2011 | 6:54 pm
    This is Part Two of the blog that I started last week on the Secrets of Search, which was in turn a sequel to two blogs before that: Spilling the Beans on a Dirty Little Secret of Most Trial Lawyers and Tell Me Why?  In Secrets of Search – Part One we left off with a [...]
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    EDD Update

  • True Grit: Finding the Right EDD Formula

    Monica Bay
    27 Jan 2012 | 2:59 pm
    With LegalTech New York on our doorstep, we've putting our February issue of Law Technology News online a few days early. Around 5 p.m. EST tonight, it should be "live" at www.lawtechnologynews.com (scroll down to the "LTN Magazine" Box). Check out our cover story about how BigLaw is trying to find just the right formula for handling e-discovery. We profile efforts at Littler; Winston & Strawn; WilmerHale; Fenwick; Pillsbury; K&L Gates; and several other firms. Littler's Paul Weiner is our "cover boy"! Our EDD Showcase also includes Cecil Lynn…

  • LTNY Editors' & Bloggers Breakfast

    Monica Bay
    27 Jan 2012 | 2:50 pm
    A quick reminder that ALM will continue our tradition of our Editors’ Breakfast Tuesday, Jan. 31,  at 8 a.m., in the Petit Trianon room, at the Hilton — followed by our bloggers’ get together.  David Snow, head of our ALM technology unit, will kick off the breakfast with a short report about ALM’s recent survey of vendors — we asked them how they see the current State of the [Legal Technology] Union. This is a great oppty for vendors and PR teams to meet “face-to-face” with editorial staff from our national publications and newsletters.  It’s free, no badges…

  • Here Comes the EDD Tidal Wave at LTNY

    Michael Roach
    27 Jan 2012 | 2:12 pm
    More e-discovery vendors are announcing products and services ready for viewing at LegalTech New York. • Ipro Tech reports that it is adding predictive coding, concept searching, and other features to its Eclipse discovery system. • Recommind reports that it is updating its Axcelerate eDiscovery to be manageable through a single interface. • Australia's Nuix is adding defensible data deletion to its suite of offerings. Expect on-premise software versus the cloud; cloud data collection; and product compatibility and integration to be among the major e-discovery themes on the floor…

  • Patent Pilot Discovery: Tip of the Spear

    Mark Michels
    26 Jan 2012 | 8:53 pm
    Check out the LTN article "Patent Pilot Discovery: the Tip of the Spear," by Mark Michels, which reports on Federal Circuit Court of Appeals Chief Judge Randall Rader's keynote speech at Stanford Law School on January 18, 2012, on the Patent Pilot Program. The U.S. District Court for the Northern District of California is one of 14 districts selected by the director of the Administrative Office of the United States Courts to participate in the pilot program, which is intended to enhance expertise in patent cases among federal judges. See Pub. Law 111–349 (Jan. 4, 2011).

  • New E-Discovery Software Heads to LegalTech

    Michael Roach
    26 Jan 2012 | 2:16 pm
    Visitors to LegalTech New York's vendor floor can check out eagerly anticipated e-discovery releases. AccessData is adding an early case assessment module to its Summation product, while Clearwell promises a more tranparent predictive coding. Other e-discovery players bringing out their wares include BIA, debuting social media collection for its TotalDiscovery.com, and bit-level litigation hold from Index Engines. Check out the whole story, "E-Discovery Software Leads the Charge to LegalTech New York," from LTN reporter Evan Koblentz.
 
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    Litigation Support Industry: eDiscovery Business News and Information Blog

  • Document Solutions Inc. Merges with Knoxville Document Pros

    21 Jan 2012 | 6:20 pm
    Consolidation in the document management industry continues as two businesses with operations in Knoxville have announced a merger.Document Solutions Inc., headquartered in Nashville with offices in Knoxville and Cincinnati, is merging with Knoxville Document Pros.The companies will operate under the Document Solutions banner. Terms of the merger were not disclosed.Document Solutions has carved out a niche in providing electronic discovery, digital forensics, data recovery and traditional document services for the legal industry. The company was founded in Nashville in 1999 and opened its…

  • Cinven takes out Intermediate Capital Group to Acquire CPA Global

    19 Jan 2012 | 1:04 pm
    On February 08, 2010 we reported that Intermediate Capital Group had acquired a significant stake in CPA Global. Now the European private equity firm Cinven, which is headquartered in London, has purchased intellectual property (IP) management business CPA Global.
 
While financial details for the deal are undisclosed the transaction comes two years after Intermediate Capital Group acquired a minority stake in the company for £400 million. 
 
As part of the 2010 deal ICG took a 47 per cent stake while the management team, led by chief executive Peter Sewell, retained a 22 per cent…

  • Litigation Support Market 2012 Predictions

    19 Jan 2012 | 12:41 pm
    Greater Competition, Technology-based Offerings and Regulatory Amendments seen as factors altering the 2012 Litigation Support Outsourcing Market, reports legal management consultancy Fronterion LLCAs reported on the CPA Global website "LSO’s expansion into new legal disciplines next year will take place against the backdrop of a tougher contest for clients’ hearts and minds, says forecast"Changes will sweep through the legal services outsourcing (LSO) sector in 2012 as competition for potential clients heats up, according to legal management consultancy Fronterion LLC. In its annual…

  • Symantec Buys LiveOffice for $115M

    16 Jan 2012 | 7:26 pm
    Symantec has acquired email archiving specialist LiveOffice for $115 million, and intends to use that software to put e-discovery applications in the cloud, officials said today.The pairing had long been rumored, as the companies have a history together. Symantec began reselling LiveOffice's technology in 2010, later rebranding it as Enterprise Vault.cloud, while LiveOffice CEO Nick Mehta and Vice President of Sales and Business Development Jim O'Hara both previously worked at Symantec.Symantec bought another email specialist, MessageLabs, for $695 million in 2008. But that deal was more…

  • Siris Capital Buys Applied Discovery (ADI)

    9 Jan 2012 | 12:58 pm
    LexisNexis has sold its Applied Discovery division to equity firm Siris Capital, the companies said Friday, clearing the way for Lexis' Concordance Evolution to be a flagship e-discovery product.Lexis acquired Applied, one of the early leaders in e-discovery, for a reported $95 million in 2003. But there were clashing corporate cultures over the years, including as recently as last year, when Lexis and Applied chose competing partners for predictive coding technology. Lexis also invested in Concordance until the review software had features overlapping Applied's Discovery Leverage,…
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    Strategic Legal Technology

  • Web Start-Up Docracy Offers Open Source Law

    Ron
    25 Jan 2012 | 12:38 pm
    I have long advocated open source law. If more lawyers and clients put documents in the public domain, legal costs might drop and consistency rise. At least one start-up is working to make this happen.  I recently spoke to Veronica Picciafuoco of Docracy, an open source law website. She is Director of Business Development and Community and is a lawyer who keeps an eye on the site’s content. The Docracy about us page states a bold mission: “Docracy is a social repository of legal documents. Our mission is to make useful legal documents freely available to the public. We also…

  • Law Firm Merger Mania: Does it Really Make Sense?

    Ron
    20 Jan 2012 | 8:33 am
    Large law firms are merging again. The Wall Street Journal has a lead article on the trend today. I wonder though, just who mergers help and how mergers improve value for clients.  Over the holidays, I had a conversation with partners from several large law firms. Most asserted that because their firms had become bigger, they - individually and collectively - were more efficient. I conceded that larger firms had the potential to cross sell more than smaller firms but beyond that, it was not clear how they were more efficient. Though they honestly believed their views, when I pressed, I…

  • Law Firms Adopting Legal Processing Outsourcing Methods

    Ron
    16 Jan 2012 | 11:23 am
    Legal process outsourcing (LPO) hit the legal news almost 10 years ago. Initially, it was controversial. Whatever your views of it, you should note that law firms are now widely adopting its techniques.   I first observed the trend of ‘law firms becoming LPO providers’ in a blog post I wrote when I was still at Integreon, an LPO provider. In my Integreon blog post, Now, Even Law Firms are Doing “LPO” (November 2010), I reported on UK law firm Herbert Smith opening a wholly-owned document review center in relatively (to London) low-cost Belfast, Northern Ireland. I…

  • Using Big Data to Reduce Legal Spend

    Ron
    8 Jan 2012 | 9:31 am
    So, What’s Your Algorithm? headlines a January 4th Wall Street Journal article. It’s a good question for lawyers to consider, especially in-house counsel.  The article addresses “How analytics harvested from massive databases will begin to inform our day-to-day business decisions. Call it Big Data, analytics, or decision science. Over time, this will change your world more than the iPad 3.” I wrote about Big Data last May in Data, Data, Everywhere… Someday in Legal Too. That post focused mainly on how law firms could use Big Data. It only touched lightly on…

  • Open Letter to General Counsels: Five Imperatives for 2012

    Ron
    3 Jan 2012 | 2:13 pm
    Dear General Counsel: You face ever-increasing pressure to control and predict cost. Here are steps I suggest you take to accomplish this:  1. DETERMINE WHAT PROBLEM YOU NEED TO SOLVE Are you trying to reduce risk? Reduce cost? Improve service to your internal clients? Gain a seat at the table? Protect your job? The problem for which you are solving drives what you should do. I’ll assume that reducing cost is high on your list and address the rest of my advice to that goal. 2. DECIDE HOW MUCH LAW IS ENOUGH The fastest and perhaps easiest way to reduce cost is to do less law. Work…
 
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    eDiscovery Insight

  • Rebirth of Summation

    Devin Krugly
    26 Jan 2012 | 4:22 pm
    Twenty-five years is a long time.  It sounds even longer when you say “a quarter century.”  A quarter century brings words, like longevity, stability, permanence and dependability (checking my thesaurus… yep, that’s it). Did you know that’s how long AccessData and Summation have been in the business of making software?  That’s longer than Google (14 years in Sept.) and literally decades more mature than our closest competitor(s). We announced the rebirth of the Summation product line this week.  Summation has been overhauled to meet the demands of contemporary litigation and…

  • Keeping It Together – Tracking Tasks and Decisions Related to eDiscovery

    Michelle Kovitch
    4 Jan 2012 | 3:39 pm
    The litigation team has long been the source of support to the litigators themselves.  Back when I still worked in the firm, if my attorney turned around to look at me in the courtroom, I knew I’d better have exactly what he needed waiting in my hand with no words exchanged.  In order to provide that type of service, the litigation team must track everything.  We track deadlines, when depositions are scheduled, when we receive the deposition transcript, whether the documents from the subpoena have been returned, and what is the next Bates number in the sequence.  Some might argue…

  • EDRM Buyer’s Guide Part IV – Preservation

    Caitlin Murphy
    21 Dec 2011 | 9:54 am
    This week we are posting an excerpt from our recently published EDRM Buyer’s Guide; a phase-by phase walkthrough and checklist created by a former Litigation Project Manager using guidelines developed during implementation of a top oil and gas company’s e-discovery program. The Guide is designed to help stakeholders evaluate software and workflow solutions at each phase of the e-discovery process in a neutral way and contains advisory sections on everything from information security to considerations when TIFFing documents. We will be posting excerpts from both the long form and checklist…

  • Is $1.3M Worth Having Your Ethics Questioned?

    Devin Krugly
    1 Dec 2011 | 4:45 pm
    “Ethics is knowing the difference between what you have a right to do and what is right to do.“ -Justice Potter Stewart   You know what I like most about standards, the fact that there are so many to choose from.  You have IEEE standards, accounting standards, breed standards in animal husbandry (think pit bulls and Arabian horses), there are de-facto standards like the QWERTY keyboard and MP3 file format.  You probably have standards at home for dealing with children or the process for brushing your teeth (I’m an up down, front to back guy).  We literally have a cornucopia of…

  • E-Discovery Times Are a Changin’…Or Are They?

    Devin Krugly
    21 Nov 2011 | 12:17 pm
    I just had time to sit down and digest the annual Fulbright and Jaworski Litigation Trends Report for 2011 and it gave me much food for thought. For example, only 6% of the respondents correctly predicted a decrease in litigation in the 2010 survey, however most businesses in the US and UK faced slightly less litigation in 2011.  This decrease was offset by an increase in regulatory activities and internal investigations, which can certainly be attributed to a global economy that continues to face unprecedented upheaval and economic crisis.  We all agree that litigation is counter-cyclical,…
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    Ryson Spiral Conveyors

  • Priority on Customer Service Makes Happy Customers

    Spiral-Team
    27 Jan 2012 | 3:43 pm
    Ryson has always made Customer Service and Support a top Priority. An open communication with our customers is the best way to ensure that our products are working properly and to quickly identify any maintenance issues.

  • Multiple Infeed Spirals Can Streamline Multiple Production Lines

    Spiral-Team
    20 Jan 2012 | 3:28 pm
    Ryson has always been about saving space by elevating products in a smaller footprint than conventional methods. That’s been taken to a new level with our new multi-infeed spirals.

  • Ryson Hopes to See You at MODEX 2012 – Booth 4100

    Spiral-Team
    13 Jan 2012 | 11:38 am
    Ryson will be attending Modex 2012 February 6-9 in Atlanta. Stop by booth 4100 and hear why we are the industry leader, and how we can help with your cost of implementation and ownership

  • Every Ryson Spiral Conveyor is Made to Order

    Spiral-Team
    6 Jan 2012 | 12:33 pm
    Every Ryson spiral is made to order to fit your specific application. Variables such as change in elevation, load size and stability, conveying speed, in and out feed angles, throughput volume, weight and orientation requirements are all considered when our proposal team comes up with spiral solutions and pricing.

  • The Ryson Spiral Team would like to wish you a FANTASTIC NEW YEAR!

    Spiral-Team
    30 Dec 2011 | 8:48 am
    As 2011 comes to a close, Ryson would like to wish you a fun, safe, meaningful and prosperous New Year! Cheers! The Spiral Team
 
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    General Digital

  • Mounting an Optically-Bonded LCD

    Brian
    26 Jan 2012 | 1:46 pm
    Published January 26, 2012 There are few things more heartrending than buying liquid crystal displays, ensuring their safe transport, and handling them with extreme care, only to damage them irreparably during the mounting process. Because a liquid crystal display (LCD) is extremely sensitive to mechanical stress and susceptible to electrostatic discharge (ESD), careful considerations must be given to it when mounting. This is especially true when the display is optically bonded from the outside of the display frame. Failure to take proper precautions can result in panel failures, including…

  • The Interview

    Joe
    16 Jan 2012 | 11:08 am
    Published January 16, 2012 “If you ask for a lot at most places, you’re asking for too much.” Here at General Digital, customization is our specialty. Whether its optimizing your limited rack space with one of our monitor/keyboard/trackball units, or upgrading your panel mount units to full HD, we give you what you want affordably, promptly, and even at low quantity. Watch our video to see a humorous take on what happens when you ask for too much at some places.

  • Video Demonstration: Barracuda Sealed Waterproof LCD Monitor

    Brian
    6 Jan 2012 | 12:49 pm
    Published January 6, 2012 Completely submerged in a fully-decorated fish tank while showing fan favorites such as Finding Nemo and Spongebob SquarePants, as well as the requisite fish tank screen saver, the Barracuda is often hailed as the center of attention when displayed in our booth at trade shows. Owing to the cynicism of the times, many express doubt that the Barracuda is really submerged at all, thinking instead that the setup is some sort of elaborate trick. But this is no hoax; the Barracuda™ is engineered for the harshest environments. Designed to meet IP67 and NEMA4X standards,…

  • General Digital – The Movie

    Brian
    5 Jan 2012 | 12:32 pm
    Published January 5, 2012 Close your eyes and picture this…Well, close your eyes and picture this after you’ve first read this with your eyes open… A smoky battlefield, heavy gunfire, advancing enemy infantry…and the command to retreat. Get ready for high action in the trailer for the movie, “General Digital”. In the trailer, the General has to mobilize his unit to fall back from the front line; no easy task by any means, but nothing too hard for the General. The scene calls for a death-defying plunge off a cliff and into the murky waters of the river…

  • 2011 End of the Road Trip

    Brian
    17 Nov 2011 | 4:19 pm
    Published November 17, 2011 How does General Digital end a year of trade shows and road trips? Our final trip, which began November 7th and ended on the 12th, took us to two locales: Charleston, SC, and Eagan, MN. We arrived in Charleston on Monday and we were greeted with bright blue skies. While there, we visited SRC, SPAWAR Systems Center Atlantic, and CGI Federal (formerly Stanley Associates). Because we’d shipped the majority of our flat screen LCD monitors to Eagan in anticipation of our Demo Day at Lockheed Martin, we showed off our 20-inch SlimLine Lite II flip-up display rack…
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    eDiscovery People

  • BYOD Acceptance Grows, but It Is Far from Universal

    eDiscovery People
    27 Jan 2012 | 3:38 pm
    The image surrounding the fundamental change facing IT during the next year or so — the consumerization of IT/bring your own device (BYOD) — has generally been that IT departments are shaking in fear as these new and security-challenged devices invade Author name :  webadmin@itbusinessedge.com

  • Outlook Web App: Welcome to Wherever You Are

    eDiscovery People
    27 Jan 2012 | 2:59 pm
    Keep Microsoft Exchange Humming in 2012 Ten management tips for fine-tuning Exchange. Outlook, freed from its Windows OS bonds (in a sense), now travels wherever the need for collaboration takes you, provided you have a Web browser that supports it. Author name :  webadmin@itbusinessedge.com

  • BYOD: Time to Roll with the Changes

    eDiscovery People
    27 Jan 2012 | 2:54 pm
    Seven BYOD Management Tips Change is difficult. Change is scary. This is why it is usually met with resistance at first. In time, however, what initially seems threatening often emerges as bold and exciting as anticipation of the possible overcomes Author name :  webadmin@itbusinessedge.com

  • Federal CTO Chopra Stepping Down

    eDiscovery People
    27 Jan 2012 | 2:45 pm
    In yet another executive shake-up , U.S. Chief Technology Officer Aneesh Chopra has decided to step down from his post . An official announcement is expected at some point today. Chopra was formerly Virginia’s secretary of technology and was tapped by Author name :  webadmin@itbusinessedge.com

  • Rubinstein Leaves HP

    eDiscovery People
    27 Jan 2012 | 1:41 pm
    Jon Rubinstein, a senior vice president of HP’s PC business, has left the company . Rubinstein was previously a chief executive at Palm and had joined HP when it acquired Palm for $1.2 billion in April of 2010. According to an HP spokesman, Rubinstein Author name :  webadmin@itbusinessedge.com
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    Document Solutions, Inc. » DSi Press Releases

  • Knoxville Document Pros Merges With Document Solutions, Inc.

    DSi Webmaster
    20 Jan 2012 | 11:34 am
    The owners of Knoxville’s two leading document management firms – Document Solutions, Inc. (DSi) and Knoxville Document Pros ­– announced today that the two companies have merged under the DSi banner....

  • 2011 A Year of Innovation for E-Discovery Firm Document Solutions, Inc. (DSi)

    DSi Webmaster
    12 Jan 2012 | 5:15 am
    An incredible burst of innovation marked 2011 for Document Solutions, Inc. (DSi), an e-discovery and digital forensics firm serving corporations and law firms nationwide. From developing a new sampling process to introducing a new hardware platform for collecting data, every innovation DSi introduced last year followed a central theme: savings clients time and money while ensuring defensibility....

  • Document Solutions, Inc. (DSi) Receives Awards for Best Employer and Top Tech Company

    DSi Webmaster
    16 Nov 2011 | 10:37 am
    Document Solutions, Inc. (DSi), an electronic discovery and digital forensics company headquartered in Nashville, received two distinguished honors today. The litigation support technology firm has been named one of The 10 Best Employers in Middle Tennessee and it was named one of the Tech 25, the first annual listing of the most influential technology firms in Middle Tennessee. ...

  • Industry Experts to Host E-discovery Sampling Webcast

    DSi Webmaster
    15 Nov 2011 | 9:00 am
    Document Solutions, Inc. Co-Founder and President Tom Turner and Catalyst Repository Systems Founder and CEO John Tredennick will host a webcast on Nov. 28 that explores sampling in e-discovery....

  • John Burchfield Joins DSi As Vice President of Business Development

    DSi Webmaster
    2 Nov 2011 | 12:37 pm
    Document Solutions, Inc. (DSi), a Nashville-based litigation support, e-discovery and digital forensics company, announced today that John Burchfield has joined the firm as vice president of business development....
 
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    The Electronic Discovery Reading Room

  • January 21st w/e edition of “Top 20 … plus more” compendium of e-discovery news. Lead story: Symantec and the cloud

    posselist
    21 Jan 2012 | 8:59 am
    Our weekend edition of the “Top 20 … plus more” … a snapshot of some interesting e-discovery blog/web site posts, vendor news/views on a wide range of electronic discovery related issues, and other tech developments from the past week.    It is compiled by Master Sensei Social Media Guru Rob Robinson who is Vice President of Marketing for Orange Legal Technologies, a company that is a long-time member and sponsor of The Posse List and The Electronic Discovery Reading Room. Rob compiles the information from online public domain resources and highlights key electronic…

  • 2012: The Year Of Technology-Assisted Review In eDiscovery

    posselist
    17 Jan 2012 | 10:57 am
    17 January 2012 -  As Barry Murphy says in a recent Forbes article, a lawsuit can really knock a company for a loop.  Imagine being sued and asked to produce all responsive information, only to find that means sifting through 10 TB of emails.  The process is complicated and it can be very costly.  After all, the company must somehow determine with confidence whether each and every one of those emails is relevant to the lawsuit and/or subject to attorney-client privilege.  This process has become much more manageable using technology to assist the review process. While prognosticating…

  • Knowledge Discovery Resources 2012 – An Internet MiniGuide Annotated Link Compilation

    posselist
    16 Jan 2012 | 11:14 am
    16 January 2012 – This Internet MiniGuide Annotated Link Compilation is dedicated to the latest and most competent resources for knowledge discovery available over the Internet. With the constant addition of new and pertinent information coming online every second it is very easy to go into information overload. The true key is to be able to find the important knowledge discovery resources and sites both in the visible and invisible World Wide Web. The following selected knowledge discovery resources and sites offer excellent knowledge and information discovery sources to help you…

  • January 14th w/e edition of “Top 20 … plus more” – a compendium of e-discovery news/events. Lead story: becoming more proficient with machine-assisted review

    posselist
    14 Jan 2012 | 6:45 am
    Our weekend edition of the “Top 20 … plus more” … a snapshot of some interesting e-discovery blog/web site posts, vendor news/views on a wide range of electronic discovery related issues, and other tech developments from the past week.    It is compiled by Master Sensei Social Media Guru Rob Robinson who is Vice President of Marketing for Orange Legal Technologies, a company that is a long-time member and sponsor of The Posse List and The Electronic Discovery Reading Room. Rob compiles the information from online public domain resources and highlights key electronic…

  • Top Ten Tips To Become More Proficient With Machine-Assisted Review

    posselist
    13 Jan 2012 | 6:50 am
    13 January 2012 – If you follow the multitude of e-discovery pundits and bloggers, there seems to be a general agreement that  lawyers take a disproportionate role in the battle to solve what is largely a technological problem, i.e, how to find information that is relevant to a case from the huge vats of electronically stored information that are collected and preserved in many cases or government investigations.   In a very informative article (chock-a-block with cites to excellent posts and articles) Karl Schieneman, President and owner of Review Less, a consulting and document…
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    Next Gen eDiscovery Law & Tech Blog

  • Top eDiscovery Trends for 2012: Tough to Find a List without Social Media

    John Patzakis
    19 Jan 2012 | 12:03 am
    The buzz around the eDiscovery of social media continues unabated in 2012, and for good reason. I challenged the team here at X1 Discovery to identify a numerical “2012 top trends in eDiscovery” list such as this one that did not include social media. Overall we identified 12 such projection lists from established vendors. This post from The eDiscovery Daily blog has a good compilation and links to 10 of those 12.  We identified only one list (from Applied Discovery) that did not mention social media at all as a key trend for 2012 (we didn’t count CaseCentral’s 2012 entry as they…

  • The Proper Method for Lawyers to “Follow” Jurors and Witnesses

    John Patzakis
    5 Jan 2012 | 5:03 pm
    Twitter continues to be a significant source of evidence in litigation and corporate investigation matters.  A legal database search of published opinions reveals several dozen known cases recently involving Twitter-based evidence. See, e.g., Agence France Presse v. Morel, (Dist. Court, SD NY 2011)  (Pictures posted to Twitter spawn copyright infringement claims);PH(X) Glass, LLC v. Clarke, (Dist. Court, ND Calif. 2011) (Twitter postings allegedly violated injunction in patent litigation). In addition to providing key evidence in virtually every type of litigation matter, lawyers are…

  • Pennsylvania Court’s Excellent “Whitepaper” on Social Media Discovery

    John Patzakis
    27 Dec 2011 | 7:14 pm
    Another Pennsylvania court recently ruled that information posted by a party on their personal Facebook page is discoverable and ordered the plaintiff to provide their user name and password to enable the production of the information. Largent v. Reed, Case No. 2009-1823 (C.P. Franklin Nov. 8, 2011) features a detailed and instructive 14 page opinion from Court of Common Pleas Judge Richard J. Walsh that is a must read for anyone remotely interested in the topic of electronic discovery of social media. It is one of those well-written legal opinions that I liked to use as a framework for my…

  • The Affirmative Legal Duty to Address Social Media Evidence (Guest Attorney Blogger Edition)

    John Patzakis
    19 Dec 2011 | 4:07 pm
    John G. Browning Today we are pleased to welcome a guest attorney blogger, John Browning who is a partner in the Dallas office of Lewis Brisbois Bisgaard & Smith LLP.  John is a frequent writer and speaker on issues related to social media and the law, and the author of the book The Lawyer’s Guide to Social Networking: Understanding Social Media’s Impact on the Law (West Publishing 2010): John Patzakis’ December 12, 2011, post on attorneys having an affirmative duty to address social media evidence was spot on.  The commentary by the Maryland appellate court in Griffin v.

  • Legal Experts: Attorneys Have an Affirmative Duty to Address Social Media Evidence

    John Patzakis
    12 Dec 2011 | 12:29 pm
    First, many thanks to all who participated in our legal ethics and social media evidence collection webinar. Special thanks also to the esteemed Ralph Losey of Jackson Lewis for his participation. Ralph provided informative legal insight as always on this topic and there were many excellent questions and comments by participants. For those who did not attend, you can view and listen to the full recording here. (There is 1 hour MCLE ethics credit available for California attorneys who review the recording in its entirety).   During the webinar, Ralph noted in the Q&A session that given…
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    E-Discovery Beat

  • E-Discovery Beat Heading to LegalTech New York

    andrewbartholomew
    27 Jan 2012 | 2:11 pm
    By: Mike Hamilton and Andrew Bartholomew Next week, we will be reporting from LegalTech New York. This year’s agenda is jam packed with educational sessions covering such topics as e-discovery in the cloud, predictive coding, and managing costs. As always, LegalTech boasts an impressive and extensive list of speakers, including e-discovery attorneys, respected industry analysts [...]

  • E-Discovery and Justice Sotomayor’s Opinion: “Reasonable expectation of privacy” is an unclear standard in today’s digital age

    Mike Hamilton
    26 Jan 2012 | 11:50 am
    By Mike Hamilton, J.D. Under the 4th Amendment, the US Constitution acknowledges that individuals have a “reasonable expectation of privacy” but today’s digital age has blurred the line of what is considered reasonable. While Congress has enacted the Stored Communications Act (SCA), U.S.C. 18 §§ USC 2701-12, there still is much confusion surrounding US privacy [...]

  • J-M Manufacturing vs. McDermott, Will & Emory Joins List of Potential E-Discovery Game Changers

    Mike Hamilton
    25 Jan 2012 | 8:00 am
    By Bob Rohlf, Esq. A sideline to my work for Exterro involves staying on top of industry trends.  This often includes reading case decisions regarding e-discovery , to try to identify where critical processes were either handled appropriately or went astray.  Needless to say, there is no shortage of material for review.  The cases I [...]

  • Improving Collaboration Between Inside and Outside Counsel in E-Discovery

    andrewbartholomew
    24 Jan 2012 | 4:56 pm
    Anybody involved in e-discovery knows that it’s a complicated, time-consuming process involving a coordination of resources from cross-functional teams inside and outside the enterprise. A lack of coordination between teams can lead to missed deadlines, budget overruns, lost evidence and even sanctions (see our recent post on the J-M Manufacturing vs. McDermott, Will & Emory case here) [...]

  • The Weekly Electronic Discovery News Roundup

    andrewbartholomew
    23 Jan 2012 | 12:42 pm
    Welcome back to E-Discovery Beat′s regular feature: The Weekly Electronic Discovery News Roundup. Continuing the tradition of keeping our readers up to date with the latest in e-discovery news, best practices and case law. Here is the January 23, 2012 edition, and be sure to check back next week. Reducing Costs And Risks Associated With The Preservation Of [...]
 
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