Electronically Stored Information

News & Analysis as of

Dedicated Physical Server Hosting versus Cloud Hosting Environments: Which is Better for Your eDiscovery Data?

Businesses, including corporations and law firms, are increasingly choosing to host their business-critical applications with third parties to reduce (or avoid altogether) CapEx and OpEx associated with installing and...more

How Safe is Your Data Center?

This was the topic of Legaltech News’ story on 10 best practices for data security and what you need to know about how and where your information is stored, by Christine Yi of Xerox Legal Business Services When you are...more

Electronic Discovery Preparedness Checklist

While your organization may not regularly be involved in costly or complicated litigation, there is always the potential for this to arise. Additionally, you may work in an industry that is heavily regulated and subject to...more

Ninth Circuit Issues Two Recent Decisions Further Definining Liability Under the Computer Fraud and Abuse Act

In July, the Ninth Circuit Court of Appeals issued two decisions by which it intends to clarify liability under the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”). The CFAA imposes criminal penalties and...more

Law Revamping Medicare ID Cards to Be Revived

Lawmakers are again eyeing ways to modernize the Medicare system, including a revamping of the identification cards used by Medicare beneficiaries. On Wednesday, the House Ways and Means’ health subcommittee held a hearing on...more

Napoleonic E-Discovery: Legal Project Management is the Key to Efficient, Cost-Effective Operations

In the Information Age, Napoleon’s maxim doesn’t seem all that ground breaking, and yet, in many industries, managers still approach whatever challenges lie ahead by simply throwing resources and personnel at the problem. In...more

New Jersey Supreme Court Adopts Significant Amendments to Court Rules

The New Jersey Supreme Court has adopted several amendments to the Court Rules, effective September 1, 2016. Below is a summary of the most significant Rule changes, including those relating to discovery of electronically...more

Staggering Data Statistics (and What You Can Do About It)

Organizations are at a critical crossroads when it comes to their data. Did you know that: - Since 2008, e-mail stores have grown by nearly 500 percent? Other forms of unstructured data storage, which have ballooned...more

Here’s the Story of a Lovely Merger: E-Discovery Preparedness During the M&A Process

When I think of mergers, I can’t help but hum the tune to the Brady Bunch theme and imagine the grid of squares, each with the smiling face of that lovely lady and her daughters, and the man named Brady and his sons. If only...more

Connecticut State Police Lead the Way in Training Electronic Storage Device Dogs

The Connecticut State Police have taken the lead in training police dogs skilled in the art of detecting hidden data. As more and more crimes involve electronic evidence, criminal enforcement agencies throughout the country...more

Massachusetts Supreme Court Holds That "Self-Help Discovery" Is Protected Activity

Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 474 Mass. 382 (2016) - Brief Summary - The Massachusetts Supreme Court held that it is "protected activity" (i.e., conduct that an employee may engage...more

E-Discovery Update: No More Fishing Allowed!

Mark Twain warned, “Do not tell fish stories where the people know you; but particularly, don’t tell them where they know the fish.” Litigants should heed this advice, as courts are proving to be less tolerant of discovery...more

New Resources Available for Interpreting the FRCP

The first couple of months after the Federal Rules of Civil Procedure (FRCP) amendments were enacted in December 2015 changed the ediscovery atmosphere. During that time, it was unknown to practitioners whether the changes to...more

What Are Custom Algorithms, and Why Do They Matter for Legal and Compliance Risk Management?

When you last visited your favorite social media site or browsed the Internet using your search engine of choice, targeted advertisements and links probably appeared. You may have been shopping for a t-shirt on one site, only...more

Why Corporate Law Departments Are Looking to the Cloud: Taking Control of E-Discovery Just Became Simpler

2016 is the year that the cloud becomes mainstream for corporations. Security fears have been allayed and the cost and accessibility advantages have brought increasing amounts of corporate data into cloud repositories and...more

Delaware District Court Interprets Amended FRCP

The first Delaware opinion that has been issued that addresses either sanctions or proportionality under the new Federal Rules is GN Netcom, Inc. v. Plantronics, Inc. Plaintiff GN Netcom, Inc. (“GN”) filed a motion for...more

Federal Court Provides a $3 Million Reason to Comply with Duty to Preserve ESI

After years of decisions, the issues surrounding the preservation of electronically stored information (ESI) seem almost old hat. It is well known that, upon notice of a claim or commencement of litigation, a party needs to...more

New Sedona Conference Commentary Recommends Restricting the Reach of Document Requests Directed to U.S. Affiliates of Overseas...

Earlier this month, the Sedona Conference issued the final version of its “Commentary on Rule 34 and Rule 45 ‘Possession, Custody, or Control.’” The Commentary recommends adopting the “legal right” test to analyze the...more

“Caveat Emptor” Applies to ESI Requests (Puerto Rico)

P.R. Med. Emergency Grp., Inc. v. Iglesia Episcopal Puertorriqueña, Inc., 2016 U.S. Dist. LEXIS 99391 (D.P.R. July 26, 2016) - In this Racketeer Influenced and Corrupt Organizations Act (“RICO”) case, the plaintiff...more

Is It Possible to Dodge Liability for Anti-Money Laundering?

Dodge, duck, dip, dive, and… dodge. Unfortunately, these five rules apply not only to dodgeball players but also to employees attempting to evade detection as they engage in money laundering and other financial crimes. As...more

IT and Legal Walk into a Bar: Why Strong Interdepartmental Relationships are a Must in E-Discovery

The E in E-Discovery requires expertise in tech as well as law, and the most successful in-house legal teams bring those disciplines together. Legal professionals become more technology savvy. IT team members begin to...more

Attorney Sanctioned for Failing to Address Proportionality in Brief (Washington)

Fulton v. Livingston Fin. LLC, 2016 U.S. Dist. LEXIS 96825 (W.D. Wash. July 25, 2016) - In a Fair Debt Collection Practices Act case, sanctions were brought against the defendant’s attorney for “his bad faith in briefing...more

Court Clarifies the Obligation to Utilize Rule 26(b)(1) Proportionality Factors (Kansas)

Rowan v. Sunflower, 2016 U.S. Dist. LEXIS 72254 (D. Kan. June 2, 2016) - In this personal injury case, the plaintiff motioned the court to compel discovery from one of the defendants. Before this motion, the defendant...more

Brexit: Through the Eyes of a US Legal Team

The headlines are nearly ubiquitous at this point: this summer, the people of the United Kingdom voted to leave the European Union. The reasons cited for leaving are varied and complicated, with many commentators still...more

Court Grants $3,000,000 in Punitive Damages for ESI Spoliation (Delaware)

GN Netcom, Inc. v. Plantronics, Inc., 2016 U.S. Dist. LEXIS 93299 (D. Del. July 12, 2016) - In this antitrust case, the plaintiff motioned the court to grant sanctions for ESI spoliation. In 2012 upon notice of a...more

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