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Recent Posts
- Got Your Head Up In the Clouds? Additional Concerns Over Cloud Computing
- Zubulake Revisited: Six Years Later
- Getting the Geeks to Reboot
- Reasonableness in Electronic Discovery
- Email Archiving Tips
- Concerns Over Cloud Computing
- Planning to Produce?
- Practice Tip: Create a Clean Transaction Record
- Monitoring Employees' Workplace Email and Use of Social Media
- The Cooperation Proclamation: Way of the Future or Ideal Never to Pass?
Other KMK Blogs
Got Your Head Up In the Clouds? Additional Concerns Over Cloud Computing
In her January 11, 2010 post about Cloud Computing, Chris Meer exposed three important considerations when evaluating whether or not to manage critical e-discovery data in the Cloud: 1) the level and quality of your Cloud service provider’s Internet security model; 2) the ability to access your e-discovery data and documents on a 24/7 basis if needed; and 3) the subsequent finely crafted contractual and working relationship with your Cloud service provider that is absolutely required in order to facilitate that access.
Zubulake Revisited: Six Years Later
A recent case out of the Southern District of New York sheds additional light on the issue of defining negligence, gross negligence, and willfulness in the e-discovery context, and gives insight into what types of conduct fall in each of those categories.
Getting the Geeks to Reboot
As the CIO of our firm (I prefer “Head Geek”, thank you very much) I see the time, effort, and money that is being spent on E-Discovery issues and wonder where this is all really going.
Reasonableness in Electronic Discovery
In a world of tightening budgets and greater scrutiny, how do litigants act reasonably while still fully prosecuting or defending a case? Is it possible to thoroughly address e-discovery issues without breaking the bank?
Email Archiving Tips
It is a reality in today’s society that any organization in any industry that has the potential of being involved in litigation in the U.S. Federal Court system must comply with the FRCP requirements. The amendments which went into effect on December 1, 2006 mandate that companies be prepared for electronic discovery. The organization must know where their data is, how to retrieve it, how to meet data requests, and they must determine what data will not be subject to search.
Concerns Over Cloud Computing
As I am sure many of you are aware, one of the new catch phrases in 2009 was “cloud computing.” Cloud computing refers to running software over the internet and accessing it via a browser. This technology uses the internet and central remote servers to maintain data and applications. This technology allows businesses to use applications that do not have to be installed on the companies' individual computers. Any IT outsourcing such as network infrastructure and remote hosting is a form of cloud computing.
Planning to Produce?
While it seems most of us agree and follow amended Rule 34(b)’s form of production requirement that both parties produce ESI in the form or forms ordinarily maintained or those that are reasonably useable, an often overlooked Advisory Committee Note seems to still wreck havoc in many, often large and expensive ESI productions, causing otherwise unnecessary additional time and expense to clients and their law firms along the way: the burden of the producing party to ‘announce its intention to produce in a particular format’, such as .tiff images or a litigation database load file format, such as Summation, Concordance, or IPRO.
Practice Tip: Create a Clean Transaction Record
I’m the only deal lawyer on the E-Discovery Task Force, so I come at issues from a slightly different perspective than the rest of the group. In addition to the important litigation discovery issues brought about by electronic document creation, transmission and storage, there are numerous practical issues to consider. Take, for example, the issue of creating and maintaining clear transaction records.
Monitoring Employees' Workplace Email and Use of Social Media
Janet Cecelia Walthall recently commented in her article "Workplace Monitoring of Social Media, Web Use Raises Unsettled Privacy Questions" about monitoring employees' workplace email and use of social media and networking sites.
The Cooperation Proclamation: Way of the Future or Ideal Never to Pass?
When the Sedona Conference issued its Cooperation Proclamation in 2008, the concept was simple: collaborate with the adverse party to make the electronic discovery process transparent, effective, and efficient. Work together to reduce costs. Cooperate to fulfill the true spirit and intent of the rules. But is this possible?