Social Media. e-discovery and Litigation Issues in the Advanced Age of Technology. September 26-29, 2010 ACI-NA 19 th Annual Conference and Exhibition
|
|
- Duane Morrison
- 8 years ago
- Views:
Transcription
1 Social Media and Litigation Issues in the Advanced Age of Technology
2 TOPIC When Worlds Collide Litigation 3 1 Social Media 2
3 EARLY ESI MANAGEMENT Kircoska v. United States (circa 1970) Request for Production No. 1 Please produce any and all documents, including ESI, concerning, referring or relating to the Secretary s knowledge of Anna Kircoska Mission: Impossible ( ) [
4 Why we can t do that today The Honorable Judge Shira Scheindlin United States District Court for the Southern District of New York *********** Zubulake v. UBS Warburg, 217 F.R.D. 309 (S.D.N.Y. 2003) (Five Opinions) The Pension Comm. of the University of Montreal Pension Plan v. Banc of America Securities, LLC, 2010 U.S. Dist LEXIS 4546 (S.D.N.Y. 2010)
5 Overview ediscovery is a symptom of humans being natural packrats. you never know when you might need something. might as well save it. oops.
6 What ESI is Covered Traditional Electronic Files s, Word, Excel, PowerPoint, PDF, TIFF Messaging Texts, IMs, voic , tweets Computers Mainframes, servers, desktops, laptops Storage Devices Backup tapes, CDs, DVDs, flash drives PDAs iphones, BlackBerries, cell phones Tapes (Video, Audio)
7 Where to Look Personnel Key players Former employees Consultants ( practical ability to obtain ) Sources Servers, desktops, laptops (obviously) Loaner laptops Home computers Work & Personal Cell Phones/PDAs Backup Tapes (Accessible) Exception: disaster restoration only Exception: sole source for key players
8 Preservation Obligations When Litigation is Reasonably Expected Settlement discussions do not trigger Plaintiff s obligation arises before filing Issue Timely Litigation Hold Broad enough to capture discoverable ESI Immediately cease automatic deletion Remove backup tapes from rotation Label sources to prevent discard/wipe Periodic monitoring Cannot place complete reliance on employees Must have attorney oversight/process review Consider Evidentiary Implications
9 Collection Considerations Employees Cannot Self-collect Data Locations File save protocols may not be observed Personal hard drives Local pst files servers Accessible network drives Proprietary software (databases, etc.) Forensic Imaging vs. Targeted Search File extension modification issues Chain of Custody
10 Processing, Review & Analysis Processing Costs Based on Size (GB) Ex: 40 images 8 TB $300/GB» $2.4MM Absolutely pre-process De-NIST, filter» 50% - 90% reduction Early Case Assessment Better search terms, less useless data Monthly Hosting Based on Size (GB) Ex: 8TB» 1TB» 500GB $50/GB/Mo» $25,000/Mo (2yr)» $600,000 Privilege/Responsiveness Review Ex: 40,000 p/gb 10 sec $100/hr» $5MM
11 Why is This Important? Spoliation of Evidence Negligence No management supervision Poor search terms Gross Negligence Lack of a timely, written litigation hold Lack of collection from key players Fail to preserve: key players, backup tapes Fail to cease automatic deletion Sanctions Financial penalties»»» adverse inference
12 Social Media Why is Social Media Different? Doesn t reside on target computers!!! No real practical ability to obtain Often a compilation of multiple features Messages, postings, comments, blogs Pictures, videos Groups, causes, activities May be deleted without remnants Subject to Secured Communications Act May be public, private or combination Providers cannot be compelled to produce Privacy rights despite ESI policy
13 Social Media Evidentiary Complications Difficult to obtain social media Stored Communications Act Password protection Search.twitter.com Facebook pages Availability limitations Difficult to authenticate Source, timing Witnesses Fact or expert?
14 Social Media Substantive Complications Assumed Responsibility Notice Twitter: The case of Paul Chambers Facebook: Harassment YouTube
15 Social Media One Dumb Tweet Could Ruin This Joker s Life Anyone with the sense the Good Lord gave 'em should know that our current reality does not tolerate even the most ludicrous jokes about bombs or other forms of destruction not at the airport, not over social media and especially not bomb jokes about airports issued over social networks. But if one does happen to forget that good sense, and make such a joke, do they really deserve to have their life ruined? That's what pretty much what's happening to Paul Chambers, a U.K. resident found guilty and fined after posting this comment on Twitter in January: Robin Hood airport is closed, you ve got a week and a bit to get your s--t together, otherwise I m blowing the airport sky high!! Chambers returns to court Friday to appeal the verdict and clear his name, reports U.K.- based tech site The Next Web, which has been following the case since the beginning. While this tweet seems a familiar sentiment to anyone whose travel plans were foiled by a snowed-in airport, the U.K. courts still found Chambers guilty of "sending by a public communications network a message that was grossly offensive or of an indecent, obscene or menacing character," The Next Web reports. Helen A.S. Popkin
16 Social Media What Do You Do Now?
17 Social Media In Closing Roger Over Airplane (1980) [
Social Media, E-Discovery, & Complex Computer Forensics
Social Media, E-Discovery, & Complex Computer Forensics 2009 Facebook Statistics Report: 276% Growth in 35-54 Year Old Users 60% of Mobile Internet Time is Spent on Social Networking SocialMediaAtWork.com
More informationElectronic Discovery: Litigation Holds, Data Preservation and Production
Electronic Discovery: Litigation Holds, Data Preservation and Production April 27, 2010 Daniel Munsch, Assistant General Counsel John Lerchey, Coordinator for Incident Response 0 E-Discovery Rules Federal
More informationIn-House Solutions to the E-Discovery Conundrum
125 In-House Solutions to the E-Discovery Conundrum Retta A. Miller Carl C. Butzer Jackson Walker L.L.P. April 21, 2007 www.pointmm.com I. OVERVIEW OF THE RULES GOVERNING ELECTRONICALLY- STORED INFORMATION
More informationE-Discovery and Electronically Stored Information (ESI):
E-Discovery and Electronically Stored Information (ESI): How Can It Help or Hinder a Case? Rosevelie Márquez Morales Harris Beach PLLC New York, NY Rosevelie Márquez Morales is a partner at Harris Beach
More informationElements of a Good Document Retention Policy. Discovery Services WHITE PAPER
Elements of a Good Document Retention Policy Discovery Services WHITE PAPER Document retention especially the retention of electronic data has become a hot topic in the legal industry. In the wake of several
More informationHow To Write A Hit Report On A Lawsuit Against A Company
Everything You Wanted to Know About ESI and E-Discovery but Were Afraid to Ask Jason M. Pistacchio Presented By: Gregory S. Johnson Attorney Attorney/Legal Technologist Cosgrave Vergeer Kester LLP Paine
More informationOutlaw v. Willow Oral Argument Motions for Sanctions
William Mitchell E-Discovery Symposium Outlaw v. Willow Oral Argument Motions for Sanctions Mary T. Novacheck, Esq. Partner Bowman and Brooke LLP Outlaw's Motion: Cost Shift Vendor Fees to Willow Prior
More informationEthics and ediscovery
Ethics and ediscovery John Mansfield and Devon Newman January 6, 2012 1 2013, MansfieldLaw ediscovery basics We will cover: Preservation and spoliation Searching and producing documents Supervising lawyers
More informationediscovery Update February 2010
ediscovery Update February 2010 VEDDERPRICE ediscovery Update Chicago New York Washington, D.C. February 2010 Zubulake Revisited Preservation Obligations and Sanctions Standards Clarifi ed In Pension Committee
More informationUNDERSTANDING E DISCOVERY A PRACTICAL GUIDE. 99 Park Avenue, 16 th Floor New York, New York 10016 www.devoredemarco.com
UNDERSTANDING E DISCOVERY A PRACTICAL GUIDE 1 What is ESI? Information that exists in a medium that can only be read through the use of computers Examples E-mail Word Documents Databases Spreadsheets Multimedia
More informationBest Practices for Enforcing Legal Holds on E-Mail and Electronic Data through Proactive Archiving Sponsored by Symantec
WHITE PAPER: Best Practices for legal holds Confidence in a connected world. Best Practices for Enforcing Legal Holds on E-Mail and Electronic Data through Proactive Archiving Sponsored by Symantec Jennifer
More informationCyber Tech & E-Commerce
MEALEY S LITIGATION REPORT Cyber Tech & E-Commerce The Duty To Preserve Data Stored Temporarily In Ram: Is The Sky Really Falling? by J. Alexander Lawrence Morrison & Foerster New York, New York A commentary
More informationHow to Avoid The Biggest Electronic Evidence Mistakes. Ken Jones Senior Technology Architect Pileum Corporation
How to Avoid The Biggest Electronic Evidence Mistakes Ken Jones Senior Technology Architect Pileum Corporation Why is Proper Handling of Electronic Data Important? Most of the evidence in your case isn
More informationCOST-EFFECTIVE SOLUTIONS TO MITIGATE RISK AND CONTROL LITIGATION COSTS
Legal White Paper Series: The Real Costs & Risks of Email, Part2 COST-EFFECTIVE SOLUTIONS TO MITIGATE RISK AND CONTROL LITIGATION COSTS How in-house counsel can leverage Mid-Market Information Management
More informationHOT TIPS ABOUT ESI. Hot Tips From the Coolest Family Law Attorneys Friday, September 27, 2013
HOT TIPS ABOUT ESI Hot Tips From the Coolest Family Law Attorneys Friday, September 27, 2013 Melissa Fuller Brown 145 King Street, Ste. 405 Charleston, SC 29401 843-722- 8900 melissa@melissa- brown.com
More informationXact Data Discovery. Xact Data Discovery. Xact Data Discovery. Xact Data Discovery. ediscovery for DUMMIES LAWYERS. MDLA TTS August 23, 2013
MDLA TTS August 23, 2013 ediscovery for DUMMIES LAWYERS Kate Burke Mortensen, Esq. kburke@xactdatadiscovery.com Scott Polus, Director of Forensic Services spolus@xactdatadiscovery.com 1 Where Do I Start??
More informationStrategies for Implementing an Effective and Defensible Legal Hold Workflow
Strategies for Implementing an Effective and Defensible Legal Hold Workflow Who should read this paper Corporate Counsel, IT/Legal Liaisons, and Messaging Administrators involved in the preservation of
More informationE-discovery: Federal Rules of Civil Procedure and their Implications for Public Sector Corrections Departments
E-discovery: Federal Rules of Civil Procedure and their Implications for Public Sector Corrections Departments Andres De Aguero, Senior Lead, Deloitte Consulting LLP David F. Axelrod, Director, Deloitte
More informationFlorida E-Discovery 2013
Florida E-Discovery 2013 Christopher.Hopkins @Akerman.com Palm Beach Bar Association Employment Law Committee Florida E-Discovery 2013 Download This PPT: InternetLawCommentary.com Palm Beach Bar Association
More informationLEGAL HOLD OBLIGATIONS FOR DISTRICT EMPLOYEES
LEGAL HOLD OBLIGATIONS FOR DISTRICT EMPLOYEES INSERT YOUR NAME HERE Place logo or logotype here, Otherwise delete this text box. AGENDA.. Federal Rules of Civil Procedure What is a legal hold? What are
More informationElectronic Discovery
Electronic Discovery e-discovery: A Primer Mauricio Perry, CRM, CEDS Mauricio Perry, CEDS, CRM 1 Disclaimer I am not a lawyer The ideas exposed here are not to be construed as legal advice but are educational
More informationGeneral Items Of Thought
ESI PROTOCOLS & CASE LONG BUDGETS General Items Of Thought What s a GB =??? What Are Sources Of Stored Data? What s BYOD mean??? The Human Factor Is At Play! Litigation Hold Duty Arises When? Zubulake
More informationREINHART. Labor & Employment E-News E-NEWSLETTER ATTORNEYS:
REINHART E-NEWSLETTER ATTORNEYS: ROBERT K. SHOLL, CHAIR JEFFREY P. CLARK JOHN H. ZAWADSKY LYNN M. STATHAS DAVID J. SISSON CHRISTOPHER P. BANASZAK ROBERT J. MUTEN DARYLL J. NEUSER SUSAN B. WOODS JENNIFER
More informationDISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP
DISCOVERY OF ELECTRONICALLY-STORED INFORMATION IN STATE COURT: WHAT TO DO WHEN YOUR COURT S RULES DON T HELP Presented by Frank H. Gassler, Esq. Written by Jeffrey M. James, Esq. Over the last few years,
More informationE-DISCOVERY AND RECORDS RETENTION PROGRAMS: What Healthcare Administrators Need to Know
E-DISCOVERY AND RECORDS RETENTION PROGRAMS: What Healthcare Administrators Need to Know Christopher A. Myers Holland & Knight LLP Progressive Healthcare Conferences December 19, 2007 The future ain't what
More informationBest Practices in Electronic Record Retention
A. Principles For Document Management Policies Arthur Anderson, LLD v. U.S., 544 U.S. 696 (2005) ( Document retention policies, which are created in part to keep certain information from getting into the
More information102 ediscovery Shakedown: Lowering your Risk. Kindred Healthcare
102 ediscovery Shakedown: Lowering your Risk Long-Term Care Session HCCA Compliance Institute April 27, 2009 Las Vegas, Nevada Presented by: Diane Kissel, Manager IS Risk & Compliance Kindred Healthcare,
More informationE-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers
MARCH 7, 2007 E-Discovery: The New Federal Rules of Civil Procedure A Practical Approach for Employers By Tara Daub and Christopher Gegwich News of the recent amendments to the Federal Rules of Civil Procedure
More informationE-Discovery Best Practices
José Ramón González-Magaz jrgonzalez@steptoe.com E-Discovery Best Practices www.steptoe.com November 10, 2010 Importance of E-Discovery 92% of all data is ESI. Source: Berkeley Study. 97 billion e-mails
More informationTHE INCREASING RISK OF SANCTIONS FOR ORDINARY NEGLIGENCE IN E-DISCOVERY COMPLIANCE
White Paper Series February 2006 THE INCREASING RISK OF SANCTIONS FOR ORDINARY NEGLIGENCE IN E-DISCOVERY COMPLIANCE The law is continuously carving out and redefining the boundaries of electronic document
More informationElectronic Discovery and Disclosure:
Electronic Discovery and Disclosure: Managing & Producing Electronic Information Washington State Office of the Attorney General 1 Overview of Presentation EDD (Electronic Discovery and Disclosure) ESI
More informationWHAT DOES E-DISCOVERY HAVE TO DO WITH RECORDS RETENTION & COMPLIANCE PROGRAMS?
WHAT DOES E-DISCOVERY HAVE TO DO WITH RECORDS RETENTION & COMPLIANCE PROGRAMS? - Martin J. Jaron, Jr., Partner - Suzanne Foster, Associate HOLLAND & KNIGHT LLP & - Glenn Martin, Chief Internal Audit &
More informationCOURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Fall 2014
COURSE DESCRIPTION AND SYLLABUS LITIGATING IN THE DIGITAL AGE: ELECTRONIC CASE MANAGEMENT (994-001) Professors:Mark Austrian Christopher Racich Fall 2014 Introduction The ubiquitous use of computers, the
More informationACADEMIC AFFAIRS COUNCIL ******************************************************************************
ACADEMIC AFFAIRS COUNCIL AGENDA ITEM: 8.D DATE: March 15, 2007 ****************************************************************************** SUBJECT: Electronic Records Discovery Electronic records management
More informationRobert S. Bernstein, Moderator Panelists: Douglas Cherry, Shumaker, Loop & Kendrick, LLP Karl Schieneman, Review Less
Robert S. Bernstein, Moderator Panelists: Douglas Cherry, Shumaker, Loop & Kendrick, LLP Karl Schieneman, Review Less Robert Bernstein Douglas Cherry Karl Schieneman Lean member Doug is a Partner in the
More informationHow E-Discovery Will Affect Your Life as a Storage Professional. David Stevens, Carnegie Mellon University
How E-Discovery Will Affect Your Life as a Storage Professional David Stevens, Carnegie Mellon University SNIA Legal Notice The material contained in this tutorial is copyrighted by the SNIA. Member companies
More informationFrom Archiving to Legal Holds: Comprehensive Information Management
April 21 st, 2010 From Archiving to Legal Holds: Comprehensive Information Management John Jablonski, Esq., Partner, Goldberg Segalla, LLP Wayne Wong, Managing Consultant, Kroll Ontrack 2010 Kroll Ontrack
More informationWhat Happens When Litigation Starts? How Do You Get People Not To Generate the Bad Documents?
Document Retention and Destruction in Oregon What Happens When Litigation Starts? How Do You Get People Not To Generate the Bad Documents? Timothy W. Snider (503) 294-9557 twsnider@stoel.com Stoel Rives
More informationHow E-Discovery Will Impact Your Life as a Storage Professional. David Stevens, Carnegie Mellon University
How E-Discovery Will Impact Your Life as a Storage Professional David Stevens, Carnegie Mellon University SNIA Legal Notice The material contained in this tutorial is copyrighted by the SNIA. Member companies
More informationHow To Answer A Question About Your Organization'S History Of Esi
Questionnaire on Electronically Stored Information (March 17, 2011) I. Definitions and Instructions A. ESI means electronically stored information as the term is used in the Federal Rules of Civil Procedure.
More informationElectronic Discovery. Answers to life s enduring questions
Electronic Discovery Answers to life s enduring questions 1 Electronic Discovery 1. Requirements: What do courts expect? 2. Potential consequences of missteps? Sanctions and unnecessary expense 3. Solutions:
More informationElectronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys
Electronic Discovery and the New Amendments to the Federal Rules of Civil Procedure: A Guide For In-House Counsel and Attorneys By Ronald S. Allen, Esq. As technology has evolved, the federal courts have
More informationPresenters: Brett Anders, Esq. Joseph J. Lazzarotti, Esq., CIPP/US. Morristown, NJ
Presenters: Brett Anders, Esq. Joseph J. Lazzarotti, Esq., CIPP/US Morristown, NJ 1 Preservation Privacy & Data Security Search & Review 2 Pre-Litigation Data Map Litigation Hold Procedure Standardized
More informationESI Risk Assessment: Critical in Light of the new E-discovery and notification laws
ESI Risk Assessment: Critical in Light of the new E-discovery and notification laws Scott Bailey, CISM Christopher Sobota, J.D. Enterprise Risk Management Group Disclaimer This presentation is for informational
More informationElectronic Discovery
Electronic Discovery L. Amy Blum, Esq. UCLA University of California, Los Angeles 1 Topics Not Covered Best practices for E-mail E use and retention in the ordinary course of business Records Disposition
More informationThe E-Discovery Process
POOLING PROVISIONS The E-Discovery Process A publication of Nevada Public Agency Insurance Pool The e- discovery process the search of electronic records for use as legal evidence can cost thousands of
More informationAmendments to Federal Rules of Civil Procedure. electronically stored information. 6 Differences from Paper Documents
Amendments to Federal Rules of Civil Procedure Electronic Discovery effective Dec. 1, 2006 Copyright David A. Devine GROH EGGERS, LLC Rules amended: 16, 26, 33, 34, 37 & 45 Sources of information: Rules
More informationElectronic Discovery How can I be prepared? September 2010
Electronic Discovery How can I be prepared? September 2010 Presented by Brian Wilkinson, Director of ediscovery & Computer Forensics brian.wilkinson@us.pwc.com 410-659-3473 Table of Contents Page 1 Electronic
More informationHow To Find Out What You Know About Esi
Managing the E-Discovery Process: Guidance for Federal Agencies Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Message from the Associate Attorney General Message from Magistrate Judge Paul
More informationDigital Government Institute. Managing E-Discovery for Government: Integrating Teams and Technology
Digital Government Institute Managing E-Discovery for Government: Integrating Teams and Technology Larry Creech Program Manager Information Catalog Program Corporate Information Security Information Technology
More informationElectronic Data Retention and Preservation Policy 1
1 Purpose and Scope The purpose of this policy is to: Identify the types of College-related electronic information, including the location of the information; Identify what departments or individuals are
More informationE-Discovery in Employment Litigation: Making Practical, Yet Defensible Decisions
E-Discovery in Employment Litigation: Making Practical, Yet Defensible Decisions 11 E-Discovery in Employment Litigation: Making Practical, Yet Defensible Decisions Introduction Much has been said about
More informationPROPOSED ELECTRONIC DATA DISCOVERY GUIDELINES FOR THE MARYLAND BUSINESS AND TECHONOLOGY CASE MANAGEMENT PROGRAM JUDGES
PROPOSED ELECTRONIC DATA DISCOVERY GUIDELINES FOR THE MARYLAND BUSINESS AND TECHONOLOGY CASE MANAGEMENT PROGRAM JUDGES What follows are some general, suggested guidelines for addressing different areas
More informationE-Discovery for Backup Tapes. How Technology Is Easing the Burden
E-Discovery for Backup Tapes How Technology Is Easing the Burden TABLE OF CONTENTS Introduction...3 The Importance and Challenge of Backup Tapes for Electronic Discovery...3 TAPES AS A SOURCE OF ESI...
More informationE-Discovery for Paralegals: Definition, Application and FRCP Changes. April 27, 2007 IPE Seminar
E-Discovery for Paralegals: Definition, Application and FRCP Changes April 27, 2007 IPE Seminar Initial Disclosures ESI Electronically Stored Information FRCP 26(a)(1)(B) all ESI must be disclosed initially
More informationwww.salixdata.com 513-381-2679
Electronic Discovery Presented by: Jonathan Adams www.salixdata.com 513-381-2679 Our Goal Explain E-Discovery in layman s terms Equip you to be able to add value to your organization SALIX is the region
More informationNLRB: NxGen Case Management, E-Government and E-Discovery
NLRB: NxGen Case Management, By: James G. Paulsen, Assistant General Counsel, OGC and Bryan Burnett, Chief Information Officer, OCIO, National Labor Relations Board A. Next Generation (NxGen) Case Management
More informationThe Essentials of E-Discovery
The Essentials of E-Discovery Discovery Solutions and Labor and Employment Groups Webinar May 7, 2009 12:00 to 1:00 p.m. James P. Anelli, Esq. William B. Belt Jr., Esq. Today s attorneys and some notes...
More informationElectronic Discovery & Digital Forensics
Electronic Discovery & Digital Forensics Robert Schperberg New Federal Rule of Civil Procedures Also Known As FRCP Defining FRCP and ESI New Federal Rules of Civil Procedures was enacted December 1 st,
More information2004 E-Discovery Developments: Year in Review
2004 E-Discovery Developments: Year in Review Sean Foley, Esq., Legal Consultant Michele C.S. Lange, Esq., Staff Attorney, Legal Technologies January 20, 2005 Presenters Sean Foley, Esq., Legal Consultant
More informationHow to Win the Battle Over Electronic Discovery in Employment Cases. By Philip L. Gordon, Esq.
How to Win the Battle Over Electronic Discovery in Employment Cases By Philip L. Gordon, Esq. IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling
More informationE-DISCOVERY: BURDENSOME, EXPENSIVE, AND FRAUGHT WITH RISK
E-DISCOVERY: BURDENSOME, EXPENSIVE, AND FRAUGHT WITH RISK If your company is involved in civil litigation, the Federal Rules of Civil Procedure regarding preservation and production of electronic documents
More informationMeasures Regarding Litigation Holds and Preservation of Electronically Stored Information (ESI)
University of California, Merced Measures Regarding Litigation Holds and Preservation of Electronically Stored Information (ESI) Responsible Officials: Executive Vice Chancellor and Provost Vice Chancellor
More informationFacebook E-Discovery Ruling Only Tip Of The Iceberg
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@portfoliomedia.com Facebook E-Discovery Ruling Only Tip Of The
More informationSpotlight on Electronic Discovery: What Every Information Audit Professional Needs to Know
Spotlight on : What Every Information Audit Professional Needs to Know 1 The Importance of Communication The single biggest problem in communication is the illusion that it has taken place. ---George Bernard
More informationElectronic Health Records: Federal E-Discovery Rules and Case Law Are Guides for State Litigation
Electronic Health Records: Federal E-Discovery Rules and Case Law Are Guides for State Litigation By Anne M. Fulton-Cavett Anne M. Fulton-Cavett is a partner in the firm of Cavett & Fulton, P.C., in Tucson,
More informationCase 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Case 2:14-cv-02159-KHV-JPO Document 12 Filed 07/10/14 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KYLE ALEXANDER, and DYLAN SYMINGTON, on behalf of themselves and all those
More informationReduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY
2016 CLM Annual Conference April 6-8, 2016 Orlando, FL Reduce Cost and Risk during Discovery E-DISCOVERY GLOSSARY Understanding e-discovery definitions and concepts is critical to working with vendors,
More informationWhat You Should Know About ediscovery
KPMG FORENSIC What You Should Know About ediscovery By Pamela Quintero February 18, 2009 What Guidelines Are Available? The Sedona Canada Principles Working Group 7 (WG7) The purpose and intent of the
More information4/23/2014. E-Discovery. What is ESI? Discovery. Electronically Stored Information. The downside. Discovery generally. E-Discovery
E-Discovery Emily Keimig Lori Philips 303.299.8240 404.567.4377 ekeimig@shermanhoward.com lphillips@shermanhoward.com What is ESI? Electronically Stored Information The downside Discovery Discovery generally
More informationE-Discovery and ESI Recent Decisions and Best Practices
E-Discovery and ESI Recent Decisions and Best Practices Ben Feldman bfeldman@foxrothschild.com 412.391.2428 2014 Fox Rothschild ESI Humor ESI Humor Begs the Question What is ESI? For the purpose of the
More informationRecords Management Electronic Records and Electronic Discovery
Records Management Electronic Records and Electronic Discovery Office of the Secretary of the Commonwealth Division of Public Records 617-727-2832 www.sec.state.ma.us/pre/predix.htim Agenda Records Management
More informationE-Discovery: Who Bears The Costs? (Part I)
E-Discovery: Who Bears The Costs? (Part I) By: KRISTIN B. PETTEY, ESQ. With the growth in the use of electronic media for communication and data storage, there has been a concomitant growth in the need
More informationOnly 1% of that data has preservation requirements Only 5% has regulatory requirements Only 34% is active and useful
Page 1 LMG GROUP vs. THE BIG DATA TIDAL WAVE Recognizing that corporations, law firms and government entities are faced with tough questions in today s business climate, LMG Group LLC ( LMG Group ) has
More informationediscovery: The New Information Management Battleground Developments in the Law and Best Practices
Sponsored by ediscovery: The New Information Management Battleground Developments in the Law and Best Practices Kahn Consulting Inc. (847) 266-0722 info@kahnconsultinginc.com Introduction The following
More informationElectronically Stored Information: Focus on Review and Strategies
Procrastinators Programs SM Electronically Stored Information: Focus on Review and Strategies Gavin Manes, Ph.D., Avansic Course Number: 0200121220 1 Hour of CLE December 20, 2012 11:20 12:20 p.m. Gavin
More informationE-DISCOVERY IN THE US
E-DISCOVERY IN THE US A PRIMER Changing legal requirements and growing volumes of electronically stored information have made the discovery process more daunting and costly than ever before. This article
More informationDeloitte Forensic Center. E-discovery Mitigating risk through better communication
Deloitte Forensic Center E-discovery Mitigating risk through better communication Contents 1 Survey methodology 2 Survey analysis 8 The future of e-discovery 11 Five areas of potential improvement Survey
More informationFive Rules for Discovery of Electronically Stored Information
Five Rules for Discovery of Electronically Stored Information Eastern North Carolina Inn of Court Spring Meeting New Bern, NC May 17, 2012 M ARK SCRUGGS C LAIMS COUNSEL L AWYERS MUTUAL 5020 Weston Parkway,
More informationE-Discovery Toolkit for Educational Institutions
E-Discovery Toolkit for Educational Institutions The e-discovery process the search of electronic records for use as legal evidence can cost educational institutions thousands of dollars and hours. The
More informationOvercoming Potential Legal Challenges to the Authentication of Social Media Evidence
Overcoming Potential Legal Challenges to the Authentication of Social Media Evidence Overcoming Potential Legal Challenges to the Authentication of Social Media Evidence By John Patzakis 1 Summary: Social
More informationEthics in Technology and ediscovery Stuff You Know, But Aren t Thinking About
Ethics in Technology and ediscovery Stuff You Know, But Aren t Thinking About Kelly H Twigger, Esq. Oil and Gas Symposium Arkansas Law Review October 16-17, 2014 Overview In the last two decades, business
More informationETHICAL RESPONSIBILITY AND LEGAL LIABILITY OF LAWYERS FOR FAILURE TO INSTITUTE OR MONITOR LITIGATION HOLDS. Nathan M Crystal
ETHICAL RESPONSIBILITY AND LEGAL LIABILITY OF LAWYERS FOR FAILURE TO INSTITUTE OR MONITOR LITIGATION HOLDS Nathan M Crystal I. Introduction... 7 15 II. Winning in Litigation Through Discovery Abuse...
More informationYou Know It Is Coming: Preparing for the Paragraph IV Letter
You Know It Is Coming: Preparing for the Paragraph IV Letter John Farrell, Fish & Richardson Matt Onaitis, Somaxon William Scarff, Allergan Jonathan Singer, Fish & Richardson Table of Contents Regulatory
More informationMiguel Ortiz, Sr. Systems Engineer. Globanet
Miguel Ortiz, Sr. Systems Engineer Globanet Agenda Who is Globanet? Archiving Processes and Standards How Does Data Archiving Help Data Management? Data Archiving to Meet Downstream ediscovery Needs Timely
More informationE-Discovery: The Intersection of Law, Technology and Business
E-Discovery: The Intersection of Law, Technology and Business Dr. Ian J. Redpath, Dr. Linda Volonino It is estimated that over 95 percent of all business information is electronically stored (referred
More informationCMA Shipping 2015. Ethics and E-Discovery in Shipping Disputes
CMA Shipping 2015 Ethics and E-Discovery in Shipping Disputes March 25, 2015 Vincent J. Foley, Holland & Knight LLP (212) 513-3357 vincent.foley@hklaw.com CMA Shipping 2015 Ethics and E-Discovery for Shipping
More informationSAMPLING: MAKING ELECTRONIC DISCOVERY MORE COST EFFECTIVE
SAMPLING: MAKING ELECTRONIC DISCOVERY MORE COST EFFECTIVE Milton Luoma Metropolitan State University 700 East Seventh Street St. Paul, Minnesota 55337 651 793-1246 (fax) 651 793-1481 Milt.Luoma@metrostate.edu
More informationAUTION! Electronic. The courtroom falls silent. Pinning you with her gaze, the judge inquires, Do you have any questions,
AUTION! Electronic Picture yourself in the courtroom waiting for the judge. You sit at counsel table next to your client and your partner. The gavels raps, and the judge assumes the bench. She is visibly
More informationMay 2015 Vol. 44, No. 5 Page 45. Articles Family Law Preservation of Social Media Evidence in a Family Law Context
May 2015 Vol. 44, No. 5 Page 45 Articles Family Law Preservation of Social Media Evidence in a Family Law Context by Kevin C. Massaro, Taylor P. Statfeld Family Law articles are sponsored by the CBA Family
More informationLegal Arguments & Response Strategies for E-Discovery
Legal Arguments & Response Strategies for E-Discovery The tools to craft strategic discovery requests & mitigate the risks and burdens of production. Discussion Outline Part I Strategies for Requesting
More informationPretrial Practice Course Syllabus Spring, 2014 Meeting -- Tuesdays 1:30-3:20pm Room -- 432(C)
Pretrial Practice Course Syllabus Spring, 2014 Meeting -- Tuesdays 1:30-3:20pm Room -- 432(C) Professor: Rich Kelsey Telephone: (703) 993-8973 Email: rkelsey@gmu.edu Course Materials Material will be assigned
More informationSpoliation of Evidence. Prepared for:
Spoliation of Evidence Prepared for: Spoliation Nationwide anti-spoliation trend Cases can be thrown out of court Insurers can be denied subrogation claims An insured who destroys evidence of a claim can
More informationESI: Focus on Review and Production Strategy. Meredith Lee, Online Document Review Supervisor, Paralegal
ESI: Focus on Review and Production Strategy Meredith Lee, Online Document Review Supervisor, Paralegal About Us Avansic E-discovery and digital forensics company founded in 2004 by Dr. Gavin W. Manes,
More informationelectronic discovery requests
Making and responding to electronic discovery requests By Martin Felsky and Peg Duncan One of the significant impacts of electronic discovery on litigation is the way in which it reconfigures the adversarial
More informationGUIDELINES FOR USE OF THE MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION
GUIDELINES FOR USE OF THE MODEL AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION Experience increasingly demonstrates that discovery of electronically stored information ( ESI poses challenges
More informationSocial Media and Records Management. ½ Day Seminar Priscilla Emery President e Nterprise Advisors
Social Media and Records Management ½ Day Seminar Priscilla Emery President e Nterprise Advisors Course Objectives At the end of this Seminar you will be able to: Have a solid understanding of the nature
More informationC. All responses should reflect an inquiry into actual employee practices, and not just the organization s policies.
Questionnaire on Electronically Stored Information (May 2014) Comment The Questionnaire is intended to be a comprehensive set of questions about a company s computer systems. The extent to which you should
More informationDocument Retention Policies and Litigation Holds: Benchmarking Your Process
Document Retention Policies and Litigation Holds: Benchmarking Your Process Steven Schoenfeld, Esq. Trial Partner, Dorsey & Whitney LLP 51 West 52nd Street New York, NY 10019-6119 (212) 415-9341 schoenfeld.steven@dorsey.com
More informationOverview of E-Discovery and Depositions in U.S. IP Litigation
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Overview of E-Discovery and Depositions in U.S. IP Litigation Naoki Yoshida April 19, 2013 TOPICS E-Discovery in U.S. IP Litigation Depositions in U.S.
More information