Internal Investigations drive significant eDiscovery activity: how does one successfully run internal investigations? By Heidi Maher, Esq. Corporate malfeasance is the cancer that if left undiagnosed and untreated can cause extreme problems or even death of an organization.  The best known treatment for cancer is early diagnosis, extraction of the cancerous cells and treatment via [...]

On December 8, the House of Representatives by voice vote passed H.R. 2221, entitled the “Data Accountability and Trust Act,” (“DATA”) which would require all organizations engaged in interstate commerce that manage or contract another to manage electronic data containing personal information to comply with a comprehensive set of standards designed to protect that information [...]

When the Federal Rules of Civil Procedure were amended on December 1, 2006 to more directly address issues of electronically stored information (“ESI”), much of the immediate response from the legal (and IT community) focused on preserving data to avoid sanctions for spoliation.  It has taken the better part of three years, but companies are [...]

WASHINGTON – A federal appeals court on Tuesday upheld a $290 million judgment against Microsoft Corp. and issued an injunction that will prevent the sale of its popular Word software. The court injunction is set to go into effect Jan. 11. Microsoft has said such a bar would prohibit the sale of all currently available [...]

Question: Are there industry verticals where eDiscovery is more predominate or more challenging than in other verticals? O’Neil: The short answer is that heavily regulated industries like financial services, life sciences, and health care providers typically have a significant number of legal and regulatory events requiring preservation and production of electronically stored information (ESI) on [...]

With the eDiscovery growth, the complexities associated with eDiscovery are daunting. The risk of missteps during the eDiscovery process weighs on the minds of Corporate Counsel, as well as IT professionals.  What do legal and IT professionals need most? Advice and education from trusted experts who have been in the eDiscovery trenches. “eDiscovery is a [...]

Question: In your experience, what is the top three eDiscovery challenges you seen? Maher: In my experience in talking with IT and legal personnel at some of the largest corporations, their biggest pain points are: Legal’s expectation of IT to keep “everything forever” IT’s frustration with Legal’s “analysis paralysis” Level of business disruption with each [...]

Countries including Australia, Canada, South Africa and the U.K. are expected to be growth markets for e-discovery as new civil litigation regulations regarding privacy and disclosure are passed in those regions, according to a report released today by Gartner. The market research firm said the e-discovery market is in a period of simultaneous growth and [...]

Google has launched its beta version of Google Scholar, which offers visitors instant case lookup and citation listings.  The site allows people to find and read the full text of the legal opinions that govern us.  In addition, the site includes tools to research patent and trademark litigation, something PACER cannot offer without users downloading [...]

The Washington Post article announced that two advocacy groups, The National Security Archive and Citizens for Responsibility and Ethics in Washington (CREW), reached a settlement with The White House in a long-running lawsuit over more than 22 Million “lost” emails during the Bush-era administration. Initially, the Bush White House denied that any emails were missing.  However, [...]