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Posts Tagged ‘eDiscovery’
Tuesday, February 23rd, 2010
Tags: e-discovery, e-mail, eDiscovery, electronic discovery, Email, ESI, EU, France, FRCP, French, privacy, private Posted in Bill Tolson, eDiscovery | No Comments »
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Friday, February 19th, 2010
In Melendres v. Arpaio, CV-07-2513-PHX (D. Ariz. February 11, 2010) (UNPUBLISHED), U.S. District Court Judge G. Murray Snow granted plaintiffs’ motion for sanctions and ruled that the Maricopa County Sheriff’s Office (”MCSO”) failed to issue a timely litigation hold resulting in the destruction of relevant documents, including e-mails.
In discovery, plaintiffs learned the MCSO shredded relevant documents (i.e., stat sheets) and deleted e-mails. In addition, not a single deponent was aware of their obligation to preserve evidence.
Tags: adverse inference, backup tape, court, e-discovery, eDiscovery, electronic discovery, Email, ESI, litigation hold, plaintiffjudge, responsive ESI Posted in Bill Tolson, Disaster Recovery | No Comments »
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Wednesday, February 17th, 2010
As expected the archiving functionality in Exchange 2010 created quite a bit of a buzz with people and most have been wondering how in reality the archiving functionality stacks up against traditional archiving products like Mimosa NearPoint. Microsoft positions Exchange 2010 archiving at the moment as a Personal Archive and suggests customers who have a strict need for compliance to look at business archiving solutions under which they classify Mimosa NearPoint which offers besides email archiving, advanced eDiscovery, File System Archiving and SharePoint Archiving.
Tags: eDiscovery, Exchange, Exchange 2010, mimosa, NearPoint Posted in Email Archiving, Exchange 2010 Archiving, Martin Tuip | 2 Comments »
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Thursday, February 11th, 2010
An excellent description of the new Ontario Rules of Civil Procedure from the Ontario Ministry of the Attorney General which took effect on Jan 1, 2010 can be found here.
Tags: Canada, e-discovery, eDiscovery, electronic discovery, Ontario, Ontario Rules of Civil Procedure Posted in Bill Tolson, Canada, eDiscovery | No Comments »
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Wednesday, February 10th, 2010
In a recent case; Accessdata Corp. v. ALSTE Tech. GMBH, 2010 WL 3184777 (D. Utah Jan. 21, 2010), the Plaintiff, an American company, sought to compel defendant’s production of documents, including information related to customer complaints and defendant’s technical support of non-customers. Defendant objected to the interrogatories and requests for production on the grounds that they were overly broad, unduly burdensome, and seeking irrelevant information and because “disclosure of information relating to third parties’ identities would violate German law.”
Tags: Defendant, e-discovery, eDiscovery, electronic discovery, Email, ESI, GDPA, german, German Data Protection Act, law, plaintiff Posted in Bill Tolson, eDiscovery | No Comments »
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Friday, February 5th, 2010
There has been an ongoing argument as to the validity of concept search verses keyword search in discovery searches. The main arguments I have seen are:
- Keyword searches tend to miss relevant documents and are under-inclusive in their search results.
- Concept searches tend to produce too many non-responsive documents and are considered over-inclusive in their search results.
Tags: : Concept search, conceptual search, e-discovery, eDiscovery, electronic discovery, ESI, FRCP, keyword search, legaltech Posted in Bill Tolson, eDiscovery | No Comments »
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Friday, January 29th, 2010
Richard Ellis, manager UK & Ireland, Iron Mountain Digital warned IT departments that ignoring the growth of e-mail data are putting business continuity at risk.
Even with the rise of new collaboration technologies, e-mail remains the blood flow of the business. The faster it flows, the faster business happens and so it is little surprise that e-mail data is growing daily – up to 30% annually according to some industry analysts.
Tags: backup tape, e-discovery, e-mail, eDiscovery, electronic discovery, Email, ESI, iron mountain, IT, PST, Risk Posted in Bill Tolson, eDiscovery | No Comments »
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Thursday, January 28th, 2010
The Cost of Collection:
Medium to large sized organizations are being driven to lower their overall litigation costs by bringing more of the eDiscovery processes in-house. To do this, organizations need to understand and proactively plan for the eDiscovery process. The most cost effective way to quickly lower eDiscovery costs are to prepare for the collection phase by putting in place an ESI archive to capture and manage those ESI silos that are most requested…Email, File System and SharePoint ESI.
Tags: Collection, e-discovery, eDiscovery, electronic discovery, Email, ESI, litigation, records retention, responsive, SharePoint Posted in Bill Tolson, eDiscovery | No Comments »
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Thursday, January 21st, 2010
In the investor related action, Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of Am. Secs, No. CIV. 05-9016, 2010 U.S. Dist. LEXIS 1839 (S.D.N.Y. Jan. 11, 2010) the defendants, who were connected to a hedge fund that lost money, sought sanctions against the plaintiffs for failing to preserve and produce documents, including ESI, and for submitting false declarations regarding their collection and production efforts. The Judge in this case was the Honorable Shira A. Scheindlin.
Tags: adverse inference, attorney, court, Defendant, e-discovery, eDiscovery, electronic discovery, ESI, evidence, judge, litigation, litigation hold, plaintiff, spolation Posted in Bill Tolson, eDiscovery | No Comments »
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Thursday, January 14th, 2010
United States District Court Judge Shira A. Scheindlin issued five groundbreaking opinions in 2003 and 2004, on the now very much known case of Zubulake v UBS Warburg. This case is generally considered the first definitive case in the United States on a wide range of electronic discovery issues. These issues include:
- Data sampling
- The scope of the duty to preserve electronic evidence during the course of the litigation
Tags: custodian, eDiscovery, ESI, FRCP, general counsel, litigation, Spoliation Posted in Martin Tuip, eDiscovery | No Comments »
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