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Melissa Brown, a colleague of Ferroli's at Dykema, recalled a securities case she handled that involved 800,000 e-mails.
"Every little e-mail is a sheet of paper, and if you have to print them all, it's an enormous volume of things to go through," she said.
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What’s a company to do? First, realize that keeping the data around is not the risk. It’s time to wake up and realize that ignorance is no longer tolerable
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What specific steps should you initially take? First, STOP using the laptop because any use of the computer may damage or taint potential evidence. Second, do not allow any internal staff, IT or otherwise, to conduct a preliminary investigation, regardless how technically skilled they may be. Third, secure the computer and keep a detailed log of who had access to it on the dates in question. Fourth, contact a certified computer forensics specialist to determine immediate next steps based upon your specific circumstances. Fifth, be prepared for litigation and engage appropriate legal representation.
Category: delicious links
links for 2008-10-23
October 23rd, 2008 — delicious links
links for 2008-10-07
October 7th, 2008 — delicious links
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If legal is interested in email archiving, they're probably looking for litigation-hold functionality. When a legal action seems imminent, they must instruct IT to hold a set of content in an immutable form in case legal discovery is required.
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There has yet to be a documented case in real life where two “naturally occurring” files of different contents have the same MD5 hash. All of the samples so far have been forced demos.
links for 2008-10-05
October 5th, 2008 — delicious links
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Once a company decides to commit to a disciplined information management program, there is not a great deal of difference between publicly traded and private concerns. One of the things we do for a diverse group of clients is the Enterprise Information Map . This tool permits the organization to really understand the information it has, which business processes are supported by which information systems, where the resulting and/or required information resides, and the form it takes. Certainly an organization that must report to the SEC needs to know these things, but so must a private company responding to litigation or an investigation. Any enterprise seeking to remain competitive must have a handle on the nature, extent and location of its information; at a time when a company's intellectual property may be its most important asset, this imperative is only going to increase in importance.
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Discovery rules in general assume the existence of stable, centralized data. The advent of mobile computing introduces ever-expanding decentralization of data.
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The laws are clear that that burden is on organizations to act consistently and take the reasonable steps – technology can help with both. It ensures consistency (and reports on it) and the courts know what technology is capable of and want organizations to deploy it (and in fact find it unreasonable when they don’t).
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Last month, for the first time, friends of mine who do NOT work in the legal industry starting talking to me about e-discovery. In the past, they had always taken on the glazed look of a bored 8th-grader whenever I spoke about what I do. But suddenly, they were strangely interested and full of questions. The reason was two articles about e-discovery in the mainstream media which appeared within a week of each other.
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What are the five most important questions that any organization should ask of vendors before signing the contract?
1.Project management skills.
2. Depth of experience
3. References.
4. Comprehensible pricing.
5. Capitalization.
– Browning Marean*
Partner, DLA Piper
San Diego -
The factor that more than any other drives corporations to spend more on litigation is fear of privilege waiver. To prevent waiver, attorneys must examine each document in an expensive process known as a preproduction privilege review. Not surprisingly, given the burgeoning sizes of data sets, this process has turned into an electronic tsunami.
links for 2008-09-24
September 25th, 2008 — delicious links
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Mary Ann Benson, director of consulting services for e-discovery firm Epiq Systems Inc., suggests that companies clarify document retention practices for non-technical users using simple questions like “If this was paper, would you keep it?” and “Do you really need to reply all on an e-mail?”
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Just last month, Stratify announced a partnership with PricewaterhouseCoopers: http://www.stratify.com/news_events/press_releases/press_release76.html
links for 2008-09-16
September 16th, 2008 — delicious links
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Strategic Legal Technology :: Legal Process Outsourcing Roundup
The LPO (Legal Process Outsourcing) market with be $2B in 4 years.
links for 2008-09-13
September 13th, 2008 — delicious links
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Is “my tech knowledge starting to be irrelevant?”
links for 2008-09-09
September 9th, 2008 — delicious links
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Litigation Too Costly, E-Discovery a ‘Morass,’ Trial Lawyers Say | ABA Journal – Law News Now
former Colorado Supreme Court Justice Rebecca Love Kourlis, in an e-mail to ABAJournal.com: “Discovery is out of control. Attorneys know it; judges know it; and clients know it. E-discovery just makes it more obvious,” she writes. “We have to figure out a way to fix it. One fix is to add a requirement into the Rules of Civil Procedure that costs of discovery must be contained in such a way as to assure that they remain proportionate to the dispute–including attorneys’ fees, expert costs and document costs. Judges would then have to be willing to take control of litigation from start to finish in order to assure that the requirement is honored. To do so, they need resources.”
links for 2008-09-07
September 7th, 2008 — delicious links
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Law Firm Must Pick Up Tab for Photocopies – Law.com
“With digital storage capability, who would want all that paper, and where are you putting it?” Bennett said. “You could probably fit the file on 10 to 15 CD ROMs or a $60 flash drive. Digital makes the difference, in this case thousands of dollars.”
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Old-School Attorneys Face E-Discovery of New World
“For us lawyers who have been practicing for 10, 15 or 20 years, it is not something that the bar spent a lot of time on training,” said Michael Zweiback, a litigator in the Los Angeles office of Alston & Bird LLP. “You have to get up to speed on your own, and learn the technology and understand how the technology works in order to figure out how to get what you want.”
links for 2008-08-25
August 25th, 2008 — delicious links
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E-Discovery: When Legal Trouble Hits, the Delete Button Will Not Protect You
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Select the Right E-mail Archiving System – Entrepreneur.com
A good overview of e-mail archiving systems, both on-premises rollouts (internally hosted like Trend Micro Message Archiver) and outsourced solutions (externally hosted like Fortiva).
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eDiscovery Single Source Solutions
Thoughts on the “single source” solutions from Charles Skamser, eDiscovery Paradigm Shift blog.
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Law.com – Malpractice Suit Against Kaye Scholer Alleges Discovery Foul-Ups
Another example of clients and law firms battling over acceptable practices in the world of e-discovery. “The negligence and malpractice of Kaye Scholer and the consequences of that negligence caused the chances of Celanese’s prevailing at trial to decrease dramatically,” the company said.
links for 2008-08-21
August 21st, 2008 — delicious links
