Posts Tagged ‘e-discovery’

North Carolina Bar Association Issues Proposed Ethical Opinions Approving Use of SaaS, Providing List of Considerations to Minimize Risk

From eDiscoverylaw.com:

In what may be the first opinion of its kind, the North Carolina Bar Association has drafted a proposed ethical opinion addressing lawyers’ use of “software as a service” (“SaaS”).  The proposed opinion concludes that lawyers “may contract with a vendor of software as a service provided the risks that confidential client information may be disclosed or lost are effectively minimized.”

An email archiving appliance should not just capture sent and received email messages on some unknown storage device. If you need to archive your email, be sure to look at all your organizations requirements; storage management, eDiscovery, compliance, user productivity, and disaster recovery.

For more information on this case, visit eDiscoverylaw.com

In the case A & M Fla. Props. II, LLC, 2010 WL 1418861 (Bankr. S.D.N.Y. Apr. 7, 2010), the court ordered monetary sanctions for a production delay due to the counsel’s failure to fully understand the plaintiff’s systems and retention policies.

Everyone in an organization, especially managing attorneys, need to be aware of and understand their and their company’s responsibilities under the amendments to the federal rules of civil procedure (FRCP) as well as their respective states discovery rules. Any employee can, under specific circumstances, be held personally responsible for destruction of evidence. Now this almost never happen, but knowing what to do with ESI if litigation might or is happening will lower the individual’s as well as the company’s risk and costs.

You’re the GC of a large corporation. It’s Friday afternoon and you’re looking forward to your two week vacation sailing your boat through the San Juan Islands (your first vacation in two years). You pick up a letter from a well known national law firm. Intrigued, you open it.

OH COME ON…What did I do to deserve this!

The letter reads:

Back on December 30, 2009 I blogged about how cloud storage could have a problem catching on with larger enterprises because of a lesser known provision in the Patriot Act called the National Security Letters.

The acquisition of Mimosa Systems by Iron Mountain last February was a big piece of the puzzle in Iron Mountains’ digital strategy –  dubbed Digital 2.0.   This acquisition also brought changes for me personally.  In my new role at Iron Mountain I am going to focus on evangelizing the Digital 2.0 vision and product set, a task that I’m both exited about and also don’t underestimate.  For quite a few people, Iron Mountain is the company that moves those boxes in trucks they see driving around. You see them in New York, London and Amsterdam, etc.  For many though, it has largely gone unnoticed that Iron Mountain has been building up a major set of digital offerings for customers, from online backup of PCs and Servers to digital archiving and even technology escrow management.

I have always been told relying on backups for eDiscovery purposes is a costly and time consuming mistake.

Searching through backup tapes or even a disk-based backup for eDiscovery is difficult. Imagine restoring 22 200 GB backup tapes of your employee workstations and

One of the most painful and risky aspects of the EDRM process is the collection and preservation of uncontrolled custodian ESI on laptops and desktops for ECA and legal hold.

The differences between Canadian discovery and U.S. discovery are relatively simple but important.

First is the difference of scope. In the U.S., a litigant could be asked to find and turn over anything that could be relevant to the case which could amount to huge numbers of files and email. The bigger the potential scope, the more expensive it is for the discoveree to review each record for privilege.