Technology Counsel is the discipline at the crossroads of law and technology. Here at DiscoveryResources.org, it’s where you can find news, information and commentary on legal and technology issues important to the emerging role of practitioners who must bridge the disciplines of law and technology.
Header
Navigation
Content
News
- Court Grants Motion for Sanctions, Precludes Defendants' Assertion of Affirmative Defense
- Governor Schwarzenegger Signs California's Electronic Discovery Act, to be Effective Immediately
- Magistrate Judge Declines to Compel Plaintiff to Categorically Organize Documents that were Produced as Kept in the Usual Course of Business
- You Get What You Pay For: Court Allows Access to Defendant's Relevant Backup Tapes and Email Archives provided Plaintiff is Willing to Bear the Costs
(news from K & L Gates)
Technology Counsel Articles
E-mails can jeopardize your job, the Mark Sanford scandal shows
June 30th, 2009
Steamy messages from the South Carolina governor to his lover in Argentina didn’t stay private. Take a lesson, experts say: Employers often monitor e-mail, and text messages can be trouble too. Continue
Governance, Risk & Compliance, Home Page Featured, Library, Technology Counsel, Uncategorized | no comments yet
Departing Employees; Departing ESI
June 25th, 2009
by Nancy Patton, J.D.; Consultant; Fios, Inc.
Recent economic circumstances have forced many companies to make difficult decisions about personnel levels – reductions in force are part of almost every organization’s reality these days. In law firms alone, it is estimated there have been upwards of 10,000 lay-offs nationwide this year. It’s neither feasible nor practical to preserve the data of every departing employee in the event it might be needed for litigation or regulatory purposes. However, if your IT department is not clued into what to do about departing employees and their data, then nothing will be preserved … an even less desirable outcome. If you haven’t already, you may continue…
Discerning e-Discovery, Governance, Risk & Compliance, Home Page Featured, Technology Counsel, Uncategorized | no comments yet
Electronic Records Management: File This Under ‘More Work Needed’
June 16th, 2009
Today we are looking at an estimated 210 billion messages sent every day worldwide. Yet experts say most companies fail to deal with the mounting amount of electronic data. This article in the most recent issue of Workforce Management discusses the role of the HR department in managing this mess.
Featured Articles, Governance, Risk & Compliance, Home Page Featured, Technology Counsel | no comments yet
Abbott Labs has accused the Department of Justice of failing to preserve 12 years’ worth of evidence in a massive case about whether drug companies artificially inflated the price of drugs
June 10th, 2009
Abbott’s motion states:
“DOJ kept the lawsuit under seal for more than eleven years, conducting one-sided discovery against Abbott, but did nothing to preserve evidence in its own possession or control. “ Continue reading….
Case Law & Rules, Governance, Risk & Compliance, Home Page Featured, Home Page Latest, Technology Counsel | no comments yet
Lack of Candor with the Court and Opposing Counsel Regarding E-Discovery Leads To Sanctions for Outside Counsel
June 3rd, 2009
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….
Case Law, Case Law & Rules, Featured Articles, Governance, Risk & Compliance, Home Page Featured, Home Page Latest, Law & Technology, Library, Technology Counsel | no comments yet
Industry News
- The Changing Environment for Litigation Support Professionals -
by Sheryl Karstensen, Professional Services Group
The universe for litigation professionals is in a constant state of change. We have all experienced the shift over the past few years from paper documents to electronic content in various forms, with Microsoft Office arguably the most widely used application for generating electronically stored information. MS Office applications are notorious for creating copious amounts of metadata by default, which raises major concerns for litigation support professionals as well as litigators. As a result, this led to a wave of data conversion to TIFF for all electronically stored information in support of litigation.
With the economic crisis causing widespread budget cuts in the legal industry, many continue…
- California Governor Approved Electronic Discovery Act -
On June 29, 2009, Governor Arnold Schwarzenegger signed California’s Electronic Discovery Act into law. Because the Act contains an urgency provision, it is effective as of June 29, 2009.
Here’s the Electronic Discovery Act in its entirety.
…. Tip of the hat to Michael J. Eng at the Electronic Discovery Navigator
- E-mails can jeopardize your job, the Mark Sanford scandal shows -
Steamy messages from the South Carolina governor to his lover in Argentina didn’t stay private. Take a lesson, experts say: Employers often monitor e-mail, and text messages can be trouble too. Continue
- Four Ways to Avoid Waiver Under FRE 502 -
by James D. Palmatier is a Partner at Galbraith, Palmatier & Assoc., LL
Federal Rule of Evidence 502 (“Rule 502”) was signed into law in September 2008 . According to the Advisory Committee notes to Rule 502, the Rule is designed to provide a predictable consequence for the unintentional disclosure of information protected by the attorney-client privilege and attorney work-product doctrines, and to reduce the costs associated with the discovery phase of litigation . Rule 502, related case law and recent developments in tools used for electronic document management all point to several cost effective and prudent steps that may help avoid waiver. To be successful in the discovery phase a continue…
DiscoveryResources.org is sponsored by Fios, Inc. with electronic discovery services including Electronic Discovery Consulting and e-Discovery Data Processing Services based on deep experience and in-depth knowledge of information technology and legal processes.
Footer
©2008, 2009 Please read our Privacy Policy | Contact Us | About