From the category archives:

E-Discovery

Deleted Facebook Information Allowed In Court

by Chase on October 15, 2010

Here’s an interesting story pointing towards the ubiquity of the internet, and specifically social networks, in court cases: litigants in a court case beware! your adversary may be allowed to view all of your postings, including private and deleted ones, if they bear any relation to the court case. in the first case of its [...]

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I stumbled across a great quote about finding the balance in your eDiscovery policy. The quote is from the Honorable Shira A. Scheindlin in the preamble of Harkabi v. Sandisk Corp, 08 Civ. 8203 (WHP) (S.D.N.Y. Aug, 23, 2010). “Electronic discovery requires litigants to scour disparate data storage mediums and formats for potentially relevant documents. [...]

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Judge Paul Grimm (D.MD) is something of a celebrity in e-Discovery circles, and his latest ruling will give you a good idea why. In the case Victor Stanley, Inc. v. Creative Pipe et al. Judge Grimm encounters richly comedic and seriously sad spoliation… so much so that those found responsible were ordered to jail. Judge [...]

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Social Networking & Worker’s Compensation Law

by Chase on September 28, 2010

An interesting article was just published about the crossroads of social networking and worker’s compensation law. Social networking and social digital communication in general is somewhat new to case law, so the examples and guidance in this article are very enlightening. Here’s one example from the article: In EEOC v. Simply Storage Management, LLC, an [...]

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5 E-Discovery Pitfalls To Avoid

by Chase on September 13, 2010

Information-Managment.com has an interesting article on the Five E-Discovery Landmines for IT to Avoid by Kamal Shah. Here’s a couple interesting facts from the article. ESI is increasing around 30% every year. That’s a reality IT professionals in your organization have to come to terms with.

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Iterasi: Best In Breed Web Archiving Tool?

by Chase on September 10, 2010

Sharon D. Nelson, President of Sensei Enterprises, Inc., is an expert on e-discovery technology. She’s been blogging about it since 2007. Just yesterday she wrote an article about Iterasi titled: Best of Breed? Iterasi and Social Media Archiving. I had the pleasure of speaking with Mrs. Nelson and demoing IterasiArchives, our web archiving application, for [...]

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A recent article in Intellectual Property Today illustrates how important social media has already become to our culture in general and how businesses and government agencies specifically will begin to place weight on these forms of digital communication in cases. Nearly all of our business communications are now electronically created and most are electronically sent [...]

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Many organizations look at e-discovery preparation in 2 ways: Proactive & Reactive. Proactive preparation would be maintaining records “along the way,” regularly keeping archives of your emails, documents, web records, etc. This kind of archiving is required in some situations (e.g., keeping records of tax returns for 6 years). The other e-discovery preparation method is [...]

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