Sound Evidence is the soapbox of Mary Mack, Esq., Corporate Technology Counsel, Fios, Inc. Whether in response to an inquiry, a second request or class action litigation, Mary brings legal and technical professionals together in a collaborative and focused manner to determine a successful, cost effective and sustainable course of compliance with electronic data requests.
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Sound Evidence Blog Posts
Digicel - the Zubulake of England and Wales
November 11th, 2008
The days of limited ediscovery (edisclosure) in England are over. Digicel will have an effect similar to Zubulake in the States, spurring a new level of adoption of edisclosure in England and Wales.
For those of us stateside, disclosure and discovery are not synonyms. Parties disclose rather than receiving a request for production (discovery).
At the ABA continue…
EnCase being taken over by FTK?
November 4th, 2008
In what may be a first in the electronic discovery space, one provider, Access Data, is making an appeal directly to shareholders of Guidance Software. Rejected by the Board of Directors, Access Data is making the $4.50 offer and looking for a board seat.
EnCase from Guidance Software has been the most popular software for forensics continue…
Wyeth v Levine - a pass on preemption?
November 3rd, 2008
Wyeth v Levine, heard today at the Supreme Court, may not be about preemption after all according to Dan Slater at the WSJ Law Blog:
Indeed, when Justice Kennedy asked Levine’s lawyer when preemption should apply, the lawyer said that if the FDA had adequately weighed the risks and benefits of the IV push method, continue…
SEC Enforcement Manual - Electronic Discovery
October 29th, 2008
The SEC published an Enforcement Manual early this month (Oct 2008). Far from a simple technical specification, this document explains the agency’s workings in great detail.
From its own compliance with mandatory disclosures (FRCP 26(a)) and disclosing the agency’s shared drive structures, the manual, published by the Chief Counsel, should send chills down the spine continue…
Sedona Cooperation Proclamation
October 7th, 2008
The Sedona Conference released its Cooperation Proclamation today. The Proclamation is publicly endorsed by over twenty judges including the Honorable Judges Shira Scheindlin, Andrew Peck, Paul Grimm, David Waxse, John Facciola and a host of others from coast to coast.
The purpose is to refocus on litigating on the merits, not on eDiscovery.
Working Group 1 continue…
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