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E-DiscoveryThe E-Discovery Supplement includes articles on Dropbox and the impact of personal cloud storage on ESI, the bring-your-own-device movement, developing an e-discovery model and more.
2013-01-29 12:00:00 AM
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Creating an E-Discovery Model in a Company or Law Firm
A few years ago, many corporations would leave the heavy lifting of e-discovery to outside counsel and vendors. Additionally, many of those outside counsel firms would do the same, playing more the role of a broker than a participant. But, increasingly, both corporations and law firms are creating structured groups or departments to effectively handle e-discovery. Read More
Corporate Control of Personal Communications
Businesses are facing several new realities. Their customers and clients expect them to go beyond "traditional" forms of communication into social media. Their employees prefer or even expect to be able to communicate with family, friends and others via personal email, social media and instant messaging or texting while in the workplace. And the ubiquity of mobile devices such as tablets or smartphones has caused some companies to consider implementing "Bring Your Own Device" (BYOD) policies to cut costs and increase employee satisfaction. Read More
Dropbox and the Impact of Personal Cloud Storage on ESI
The cloud is really nothing more than computer space that is accessed via the Internet. So, when someone says that they are "storing data on the cloud," all that really means is rather than storing their information on their own computer that is in their physical presence they are renting space on a computer to store their data. This storage is then available from anywhere the user can access the Internet. Read More
A Litigators Guide to Social Media Discovery in Civil Actions
E-Discovery Supporting Old-Fashioned Sanction Motions
In an FCPA Defense, Understanding Search Is Critical
Bits and Bytes: What Forensic Analysis Can Reveal
E-Discovery Cost-Shifting Approaches Get New Attention From Courts
Federal Rule of Evidence 502: An Oft-Unopened Gift
When Federal Rule of Evidence 502 was introduced as legislation in 2007, it was hailed by members of Congress, judges and practitioners as a solution to the ever-increasing costs associated with electronic discovery. As the first rule addressing evidentiary privilege passed since the inception of the Federal Rules of Evidence, it resolved and clarified several inconsistent decisions amongst the circuits regarding inadvertent disclosure of privileged material. Despite the potential of this rule to bring cost savings and sanity to a variety of discovery situations, however, practitioners and judges have been slow to incorporate its language into their agreements and orders. Any producing party — especially in cases with any level of electronic document review — should strongly consider using this gift from the judiciary and Congress as a safeguard in case of inadvertent disclosure. Read More