Discovery Resources

Kim Newman is a partner in O’Melveny’s Washington, DC office and a member of the Business Trial and Litigation and Electronic Discovery and Document Retention Practices recently wrote about sanctions that were imposed on outside counsel for Plaintiff Bray & Gillespie Management LLC for a “pattern of withholding and concealing information concerning discoverable material” from both the Court and opposing counsel.

The problems began with a failure to Object to the Request for ESI in Native Format and then failure to produce it. Continue reading….

A recent article in the Worcester Business Journal quotes Steven J. O’Neill, partner at the Worcester law firm of Bowditch & Dewey and founder of the firm’s eDiscovery and Document Retention Policy practice: “The rub is that few lawyers seem to know how to ask for it and how to go after it,”  Find out why you really should care.

RAND Europe led an international research team to review of the strengths and weaknesses of the European Data Protection Directive 95/46/EC and proposed avenues for improvement.

The Directive can be regarded as a unique legal instrument in how it supports the exercise of a right to privacy and rules for personal data protection. It is regarded in many quarters as a reference model for personal data protection in Europe and beyond. Although the flexibility of the Directive helps it to remain current, its effectiveness is undermined by the complexity of the cultural and national differences across which it must operate.

“The goal of Directive is to remain valid in the face of new continue…

This article from the Richmond Journal of Law & Technology examines linguistics, statistics and technology issues and how they relate to keyword search technologies.

Gregory L. Fordham, Using Keyword Search Terms in EDiscovery and How They Relate to Issues of Responsiveness, Privilege, Evidence Standards, and Rube Goldberg, 15 RICH. J.L. & TECH. 8

“The use of good project management skills during an e-discovery process can help you navigate your way through a mass of information.” This article, which discusses the role of Project Management in  e-discovery is from Legalweek.com, an online journal which is dedicated exclusively to commercial lawyers in the UK and major international jurisdictions.  The authors even reference The Ramones, which certainly adds flair to an article about eDisclosure, as it’s known there.
Read more here

“You know things are bad when the lawyers withdraw.”  So begins an interesting post from Steven Puiszis, Editor-in-Chief of the Practical Ediscovery blog. He continues, “In MeccaTech (MTI), the magistrate judge observed: “Misconduct of this magnitude is a rare occurrence.” It was determined through discovery that one of the defendants employed a consultant to intentionally erase items from his computer before he left MTI’s employment in attempt to shield his activities from discovery.” Read more about ediscovery going very badly here

This blog post from the Dr. InfoSec blog (Seeking to diagnose and treat everyday information security problems) calls out the point made by Gartner Analyst, Debra Logan, that organizations should consider a specific, enforcable, Twitter e-discovery policy.  Continue reading….

I was interviewed this week by Mary Mack, the Corporate Technology Counsel for Fios. People that heard the webinar seemed to like it, so this week’s blog is Part One of my off-hand remarks. Naturally it is slightly edited, visually enhanced, hyperlinked, with secret thoughts to self revealed. Since this project came in at over 9,000 words, I decided to break it up into two parts. There is only so much of my big mouth <and secret thoughts> anyone can tolerate in one sitting. If you want the hear the banter for yourself, you can download the original audio interview as a free Fios webinar. Thanks to Mary for the continue…

Improving Results for Legal Custody of Information is the title of this new survey from the IT Policy Compliance Group. The research shows that “firms with the lowest spending on legal settlements, legal fees and expenses in IT related to legal requests for information are all implementing the same practices, especially when compared with the practices implemented by all other firms.” Key findings found here.

Connolly Bove Lodge & Hutz partner Kevin F. Brady reviews the latest judicial cautionary advice to counsel to collaborate on formulating the parameters for searching electronically stored information. This article, originally published in BNA’s Digital Discovery & E-Evidence can be found here.