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Obtaining German Works Council Approval to Collect Employee E-Mail and Electronic Documents Using EnCase® Enterprise and EnCase®...

German companies sometimes are required to collect data for legitimate business purposes, including for compliance, to investigate malfeasance, for adjudication of claims and to protect personal data of customers from misuse....more

Top EDiscovery Case Summaries - October 2013: New York: Court Allows Presumption of Prejudice, Overturns Previous Order Denying...

Sekisui Am. Corp. v. Hart, 2013 WL 4116322 (S.D.N.Y. Aug. 15, 2013). In this case, Judge Shira Scheindlin reversed an earlier order that denied spoliation sanctions for the plaintiffs’ deletion of ESI. The underlying breach...more

Top EDiscovery Case Summaries - October 2013: California: Court Orders Sanctions, Threatens Order to Retain an Ediscovery Vendor...

Logtale Ltd.v. IKOR, Inc., 2013 WL 3967750 (N.D. Cal. July 31, 2013). In this misrepresentation case, the plaintiffs sought to compel the defendants to comply with a prior court order and compel production from a defendant...more

BYOD: Party Essentials for Corporations and Employees

The need to stay connected these days applies not only to our social universe, but also to our business universe. The result is a trend known as “bring your own device” or “BYOD.” BYOD is the practice where employees use...more

Campmor, Inc. v. Brulant, LLC

Reply Brief in Support of Campmor's Motion in Limine to Exclude Evidence Concerning Service of the Complaint at Trial

From the preliminary statement: "For all its bluster, Rosetta’s opposition to Campmor’s motion in limine falls unsurprisingly short on substance – and never comes close to demonstrating why the jury in this complex...more

Campmor, Inc. v. Brulant, LLC

Brief in Opposition to Brulant / Rosetta's Motion in Limine to Strike Material from the Pretrial Order

This brief opposed a motion by defendant to essentially, we argued, relitigate key issues in the case. The court agreed with the vast majority of our opposition, as demonstrated by the order entered on this motion and linked...more

Campmor, Inc. v. Brulant, LLC

Brief in Opposition to Brulant / Rosetta's Motion in Limine to Limit Damages Evidence

Memorandum of law in opposition to defendant's ultimately unsuccessful motion to limit key evidence of lost profits and other damages in amounts beyond the stated contract limitations. We demonstrated that under Ohio law,...more

Campmor, Inc. v. Brulant, LLC

Campmor's Brief in Opposition to Brulant / Rosetta's Motion in Limine to Bar Certain Evidence at Trial

Brief in opposition to several motions in limine brought by defendant in this action. ...more

Law Firms And Cloud Computing

The term “cloud computing” has been tossed about as the new trend in IT. Unfortunately, just as often has you hear the term echoed as the “next big thing” a comprehensible definition rarely follows. So what is cloud...more

Campmor, Inc. v. Brulant, LLC

Campmor's Brief in Support of its Motion in Limine to Exclude References Concerning the Date of Service of the Complaint at Trial

From the preliminary statement: "Plaintiff Campmor, Inc. (“Campmor”) submits this memorandum of law in support of its motion for an order, pursuant to Federal Rules of Evidence 401, 402 and 403, excluding from trial all...more

California Electronic Discovery Act: Part Three

Part Three in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act. Part Two discussed the importance in legal proceedings of electronic information from social...more

#Ediscovery & Biz Data Keeps you from Sleeping? Know Data Retention Policy's 4 Pillars. Primer.

Writing a Data Retention Policy may seem unimportant when there are so many other aspects of running a business that require your attention, but having one in place will save your company lot of time, money, and headache if...more

Five Tips for Hiring E-Discovery Vendors; Do your homework to ensure you get the right vendor with the right tools at the right...

Originally published on i-Sight.com's blog: “5 Tips for Hiring an E-Discovery Vendor in a Workplace Investigation” It can be difficult to decide whether to retain an e-discovery vendor if a company is unaware of what the...more

Getting the Deal Through – e-Commerce 2013

"Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - e-Commerce 2013 (published in July 2012; contributing editor: Robert Bond of Speechly Bircham LLP)....more

Cybersecurity and Data Privacy: Big Data and the Law [Video]

As the use of the internet and social media continues to increase rapidly, companies are being challenged to keep up with changing laws and the many ways in which customer and employee data flow in and out of their hands. In...more

The Pitfalls Of Paperless Discovery

Orginally Published in Law360 on February 23, 2012. Litigation discovery has evolved. Once, discovery meant calling up your client and asking her to look through her files to locate relevant information, resulting...more

Top Questions to Ask Before your Business Stores Company Data In The #Cloud

If you own a business, your IT staff is likely one of many across the globe who are slowly convincing businesses owners and managers that storing data in “the cloud” is the future. He or she probably pointed out that hiring a...more

Where's my Blackberry? UK data protection for lawyers

UK data protection has come of age with large fines levied for the first time and a well-publicised leak from a law firm. Is your law firm compliant with data protection standards?...more

Econtracts Admissibility in Indian Courts

Econtracts Admissibility in Indian Courts , relevant sections under various indian laws are discussed in this article...more

Legal Implications of Cloud Computing -- Ethics

It is time to talk about cloud computing and ethics. Yes, ethics. Historically, lawyers and technologists lived in different worlds. The lawyers were over here, and IT was over there. Here's the reality: Technology -...more

An interview with Mary Mack and Dennis Kiker of Fios: collaborative e-discovery technology and services, and putting it all in...

This interview is part of our new series “Data! Data! Data!” — Cures for a General Counsel’s ESI Nightmares”. Mary Mack is Corporate Technology Counsel for Fios Inc. She is one of the leading speakers and authors on...more

Wake up call - a failure to comply with your obligations in respect of Electronic Disclosure could prove extremely costly

As part of a periodic series of updates on legal developments on the use of electronic evidence, Michael Axe looks at a recent English High Court decision that will have far reaching consequences for all parties involved in...more

Everything Counsel Should Know About Electronic File Metadata

This paper discusses the electronic discovery uses and implications of electronic file metadata in the context of civil litigation. It is a comprehensive overview of the different types of metadata as well as...more

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