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... and supporting the review and production of the data as discovery or evidence.  We need to agree on the best way to do all of these, with the equipment available to us today.  We also need to ...
...  In light of these recent decisions, it appears that government agencies already facing staffing shortages due to budget cuts may also face the need to quickly learn how to identify, collect, review and ...
... waiver somewhat (at least for the federal system), it presents a default standard and does not obviate the need for clawback agreements, particularly given the ambiguities built into the Rule. FRE 502 ...
... to do so. Literally, the Chinese characters for China might translate as “middle kingdom.” If the goal is to find all email from “johnsmith@starbucks.中国,” will “johnsmith@starbucks.middle kingdom” need ...
... needs to be redacted. It’s easy to redact a TIFF or a hard copy, but nearly impossible to produce a completely redacted native file. Given the evolving e-discovery landscape, it’s likely that metadata ...
... are there any practical lessons that need to be reconsidered or revised in light of the apparently conflicting rulings? For employees, not really. Regardless of which opinion holds more sway in your jurisdiction, ...
... discovery: Assess needs and act early. Standard in-house electronic data sources can be fragile, but cloud data is far less stable. Facebook pages are updated constantly. Tweets come and go. Even relatively ...
... is that we need national standards," he says. "We know how to handle physical evidence such as a knife with fingerprints. We don't have national standards for retrieval and handling of data." Some basic ...
... wiser course of action is to identify social networking ESI and then claim the safe harbor provisions of Rule 26(b)(2)(B). Under that rule, a party need not provide discovery of ESI from sources that the ...
10. Encryption is the Key
(Blog/Blog)
... the need for a solution, federal agencies and state governments have implemented new regulations designed to protect electronically transmitted personal information. On Jan. 1, 2008, the Federal Trade ...
Electronic discovery disputes happen. It’s natural. The law is relatively new and unsettled and the stakes and costs are often high. When disputes occur, court orders, whether litigated or agreed upon, ...
... need for testimony to clarify the intended meaning and intent. More significantly, email and text messages can be altered by forwarding them to others. They can also be faked. As a result, electronically ...
... that needs to be carefully understood by both attorneys and litigation support professionals, though, in order to take full advantage. Concept searching, like all other e-discovery technology, can be expected ...
... in English common law. Common law pleadings, including what we now call the complaint – the document that begins a lawsuit – was highly formalized and traditional. So-called ultimate facts needed to be ...
... of computer systems and access to the mayor’s email deliberately deleted 22 gigabytes of mail and other items from the city’s database, according to the Times-Picayune. Needless to say, the mayor’s office ...
16. Awash in a Sea of Data
(Blog/Blog)
... discussed, conducting better searches isn’t easy and most attorneys aren’t equipped to do it by themselves. They need to bring in help – especially from the IT department – to come up with more effective ...
... rules of procedure and warranted by existing law. •    Not made for any improper purpose, such as to harass or unnecessarily delay or needlessly increase the cost of litigation. •   ...
... so many workers losing their jobs, organizations may face an increase in the number of employment lawsuits. Thus, organizations need to think hard about how to handle the electronic data created by employees ...
... question, “Should lawyers play nice in e-discovery?” Common sense dictates we should. Aside from the general need for professionalism and civility in everything, there’s no denying that uncooperative ...
... Web sites, including the Federal Judicial Center and courses sponsored by law schools and CLEs. The only obstacle to becoming “e-discovery functional” is inertia. If additional motivation is needed, courts ...
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