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Archive for November, 2008
Tuesday, November 25th, 2008
Section 26(f) of the new FRCP amendments points out the requirement of parties to the legal action must get together to discuss questions such as: what information must be produced, how that information will be collected, whats considered inaccessible and in what format the information is to be produced. This early meeting is called the “Meet and Confer”
Tags: 26(f), custodian, Data Map, eDiscovery, FRDP, Meet and Confer
Posted in Bill Tolson, eDiscovery | No Comments »
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Tuesday, November 11th, 2008
Email archiving solutions are valuable for organizations who are subject to stringent regulations such as the Sarbanes Oxley Act or the Federal Rules of Civil Procedure. The main purpose of an email archiving solution is to centrally manage email records for eDiscovery. When you consider an email archiving solution it is very important to consider the level of management required for performing the email search. Can the search be performed by the human resources (HR) department, legal or compliance officers involved in the investigation? The reason for this is that persons who perform the email search have certain legal responsibilities. Depending on the nature of the investigation, they may be required to provide testimony in court or in a deposition, regarding the exact nature of the search they performed.
If the email search is done by the email administrator, do you want your email admin in court answering difficult legal questions? It is better if the email discovery is performed by HR or legal staff who are prepared to be questioned by legal should questions arise. Email administrators should maintain control over the email archiving solution. They can assist in preparation of the data and they can assist in the packaging of the search results; but they should be involved in the actual search and the analysis of the search results. It is better that these tasks be performed by professionals who are trained in these matters.
Permanent link to this post (224 words, 1 image, estimated 54 secs reading time)
Posted in Bob Spurzem | No Comments »
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Tuesday, November 11th, 2008
Litigation is a major problem these days for businesseswith a significant portion of the cost being the cost of finding and reviewing electronically stored information (ESI) for both Early Case Assessment (ECA) as well as eDiscovery Request response.
An Early Case Assessment capability provides you with 4 key benefits:
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It provides an early indication of the merits of the case
Tags: culling, early case assessment, ECA, ESI, Legal Strategy, litigation hold, Meet and Confer, Proactive, responsive, review, Spoliation
Posted in Bill Tolson, eDiscovery | No Comments »
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Monday, November 10th, 2008
I attended a couple of seminars last week - one in Chicago and one in Toronto. Despite very different audiences (more of a legal flavor in Chicago and more of an IT / messaging administrator flavor in Toronto), the sentiments about eDiscovery were the same…it’s painful. In fact, an audience member in Toronto said that painful is not the right word to describe eDiscovery. A better word is “nightmare.”
Tags: eDiscovery. legal hold, file system archiving
Posted in Barry Murphy, Email Archiving, eDiscovery | No Comments »
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Friday, November 7th, 2008
Cisco announced on 11/3/08 that it completed the acquisition of Jabber, an Instant Messaging and presence provider based in Denver. Jabber is not Cisco’s first acquisition in the messaging space. Recall that Cisco purchased Webex the conferencing platform 18 months ago and it purchased PostPath the Linux-based email and calendaring platform last month. The purchase price and terms of the Jabber acquisition were not disclosed.
By acquiring Jabber, Cisco gains the ability to connect with all popular instant message services, such as AIM, Windows Live Messenger, and Yahoo. Cisco’s switches and routers can now send alerts and make it easy for admins to get alerts from machines, same as IM. Cisco can also sell companywide IM setups that are closely tied to Cisco network gear for security and monitoring. And finally, I expect to see Jabber’s instant messaging with PostPath’s Outlook-like features and compete with Microsoft.
Jabber fits nicely with Cisco’s strategy to move beyond hardware by offering companies collaboration built right into the network.
Permanent link to this post (152 words, 1 image, estimated 36 secs reading time)
Posted in Bob Spurzem | No Comments »
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Friday, November 7th, 2008
Many companies I speak with mention the fact that they have some small percentage of their email traffic in an encrypted format. This can be either because of company or regulatory requirement or even more, because employees don’t want the content read by the company.
Encrypted email can represent a major risk in a corporate civil litigation if the company doesn’t have the encryption key.
Tags: adverse inference, decrypted, eDiscovery, Email, Encrypted, FRCP, key, litigation, Risk
Posted in Bill Tolson, eDiscovery | No Comments »
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Thursday, November 6th, 2008
Corporate legal departments fall into two main groups; those that have been through civil litigation, including discovery, and those that have not. Many of those legal departments that have not been through litigation and discovery have wildly different expectations as to their responsibilities and the work involved in responding to a discovery request.
Tags: Compliance, corporate counsel, corporate legal, eDiscovery, litigation
Posted in Bill Tolson, eDiscovery | No Comments »
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