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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.

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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. 

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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.

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