The allure of mobility calls out to all lawyers. But while we enjoy the opportunity to compute remotely, do not not forget a potential downside: the vulnerability of client and law firm data.
Even the smartest lawyer can get flustered at a crowded TSA checkpoint, or jostled in a Manhattan taxi. Mobile devices are small and lightweight , which is great -- but small and light also means they can drop out of pockets or slide from purses. And small and light also makes them easy prey for nimble pickpockets.
So what happens if you lose control of your device and it has critical, confidential data on it? Worst-case scenario, you could jeopardize a client's case, lose your job, or give an identity thief a jackpot and spend months repairing your credit. None are risks worth taking.
ENCRYPTION
The good news is one single word: encryption. Laptop users have the most encryption options, but some products also can be used to secure USB drives, smartphones and PDAs. You can encrypt either your entire computer or some of the files on it.
If you aren't yet comfortable with "whole disk" encryption, you can bite off your data security challenge in smaller pieces.
Your operating system's data encryption may limit you to file system-level encryption. If you use Microsoft's Windows 2000, XP or most Vista operating systems, you have the encrypting file system, although it is limited to non-system files and folders.
Similarly, Apple users of FileVault can only encrypt their home folder on their primary drive. When you are logged in, your EFS or FileVault encrypted files are accessible to you and to anyone with whom you have shared them.
So you may want to turn to third-party software, such as PGP Corp.'s PGP Desktop Professional and TrueCrypt Foundation's namesake open source product, that enhance file system-level encryption. For example, you can create a TrueCrypt "volume" that looks like a single file on your hard drive. When you "mount" it, it appears as a virtual disk drive which you can use like any other storage drive.
To Continue Reading: Click Here
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Source: Law.com
By: David Whelan
Sunday, November 30, 2008
Tuesday, November 25, 2008
Query from an Associated Press reporter
This should be a good article as the subject matter is extremely relevant within the world of eDiscovery these days. If anyone has war stories or information they are able to share with Dan please reach out to him at the contact below. Have a happy Thanksgiving.
-Bob
I'm a reporter with the Associated Press doing a story on electronic discovery. I'm focusing primarily on obstacles that e-discovery presents for both plaintiffs and defendants who don't have deep pockets, but also on the implications of e-discovery for the judicial system overall.
I'm searching for real-world examples to use in my story in which the cost of e-discovery (actual or expected) affected the outcome of a case in any way: by prompting a settlement on less-than-optimal terms, by forcing a plaintiff to drop a case (or dissuading him or her from filing it in the first place), by forcing a defendant to settle a meritless case, etc.
If you have been involved in such a case and have a client who would be willing to speak to me, I would love to hear from you. The AP tries to avoid using unnamed sources, so my first choice is to have someone identified by name, but in some circumstances I may be able to persuade my editors to allow me to cite someone anonymously.
Thank you.
Dan Elliott
Associated Press, Denver
Office 303-825-0123
Cell 720-984-5944
delliott@ap.org
-Bob
I'm a reporter with the Associated Press doing a story on electronic discovery. I'm focusing primarily on obstacles that e-discovery presents for both plaintiffs and defendants who don't have deep pockets, but also on the implications of e-discovery for the judicial system overall.
I'm searching for real-world examples to use in my story in which the cost of e-discovery (actual or expected) affected the outcome of a case in any way: by prompting a settlement on less-than-optimal terms, by forcing a plaintiff to drop a case (or dissuading him or her from filing it in the first place), by forcing a defendant to settle a meritless case, etc.
If you have been involved in such a case and have a client who would be willing to speak to me, I would love to hear from you. The AP tries to avoid using unnamed sources, so my first choice is to have someone identified by name, but in some circumstances I may be able to persuade my editors to allow me to cite someone anonymously.
Thank you.
Dan Elliott
Associated Press, Denver
Office 303-825-0123
Cell 720-984-5944
delliott@ap.org
Why Examination Protocols Are Problematic
Forensic examination lays bare a user's computer activity. Personal, confidential and privileged communications, sexual misadventure, financial and medical record keeping, proprietary business data and other sensitive information are all exposed.
In the white-picket-fenced places where active data lives, you can tiptoe around privileged and private information; but deleted data hails from the wrong side of the digital tracks, where there are no names, no addresses and no rules.
Forensic examiners see it all, including confidential materials that can't be shared. Courts impose examination protocols to limit the intrusiveness, scope and conduct of the work and establish who can see the outcome. It takes technical expertise to design a good protocol. Without it, you get protocols that are forensic examinations in name only, impose needless costs and cumbersome obligations or simply elide over what the examiner is expected to do.
The perils of protocols are seen in Ferron v. Search Cactus, LLC, et al. 2008 WL 1902499 (S.D. Ohio Apr. 28, 2008), a pro se action by an attorney seeking damages for unsolicited spam e-mail. Claiming Ferron solicited the spam via his Web surfing, the defendants wanted their computer forensic examiner to inspect Ferron's home and office computers and, specifically, whether he visited particular Web sites. Although Ferron preserved his e-mail in anticipation of suit, he didn't act to preserve other Internet usage.
On first blush, tracking Internet usage sounds simple because a tech-savvy user can access the ever-changing browser history files, temporary Internet file cache and cookie directory without specialized tools. But in a Microsoft Internet Explorer environment, the most revealing and complete record of Internet activity isn't accessible without the tools and training to locate and interpret it.
To Continue Reading: Click Here
--------------------------------------------
Source: Law.com
By: Craig Ball
In the white-picket-fenced places where active data lives, you can tiptoe around privileged and private information; but deleted data hails from the wrong side of the digital tracks, where there are no names, no addresses and no rules.
Forensic examiners see it all, including confidential materials that can't be shared. Courts impose examination protocols to limit the intrusiveness, scope and conduct of the work and establish who can see the outcome. It takes technical expertise to design a good protocol. Without it, you get protocols that are forensic examinations in name only, impose needless costs and cumbersome obligations or simply elide over what the examiner is expected to do.
The perils of protocols are seen in Ferron v. Search Cactus, LLC, et al. 2008 WL 1902499 (S.D. Ohio Apr. 28, 2008), a pro se action by an attorney seeking damages for unsolicited spam e-mail. Claiming Ferron solicited the spam via his Web surfing, the defendants wanted their computer forensic examiner to inspect Ferron's home and office computers and, specifically, whether he visited particular Web sites. Although Ferron preserved his e-mail in anticipation of suit, he didn't act to preserve other Internet usage.
On first blush, tracking Internet usage sounds simple because a tech-savvy user can access the ever-changing browser history files, temporary Internet file cache and cookie directory without specialized tools. But in a Microsoft Internet Explorer environment, the most revealing and complete record of Internet activity isn't accessible without the tools and training to locate and interpret it.
To Continue Reading: Click Here
--------------------------------------------
Source: Law.com
By: Craig Ball
Canada: Preservation Of E-Documents: The Legal Obligation
Introduction
By now, we have all been inundated with fears of Zubulake-type damages if we don't properly preserve and produce metadata; or our client's claim will be struck if we don't advise them to preserve the back-up tapes to their computer system. "E-discovery is changing the landscape of litigation", the fear-mongers shout. Well, yes and no.
It is undeniable that the proliferation of electronically stored information ("ESI") in today's business environment makes your 3-hole punch a less utilized tool than it was 10 years ago. And it is incumbent on all counsel to be aware of the differences associated with the preservation and production of ESI vs. paper records. But, like many issues in the law, once you decode the jargon, you will find that the basic legal principles are not that different. At their core, the preservation obligations for ESI mirror the conventional obligations for paper records. You just need to be attuned to the characteristics of ESI that demand earlier and more detailed attention than the dusty boxes of documents sitting in your client's warehouse.
The purpose of this paper is to highlight the preservation obligations of ESI according to the most recent guidelines and judicial pronouncements. It will describe the potential sanctions for failing to properly preserve relevant ESI. Finally, the paper addresses the best practices to avoid any such sanctions.
The "Old School" Preservation Obligation
In Alberta, litigants' obligation to preserve documents is governed by the Alberta Rules of Court and the common law.
Rules 186 - 87 of the Alberta Rules of Court provide the obligation for parties to produce "records" in the "possession, custody or power" of the party that are "relevant and material" to the issues in a lawsuit.
These rules also govern the production of ESI. Rule 186 defines "record" as including "... the physical representation or record of any information, data or other thing that is or is capable of being represented or reproduced visually or by sound, or both".
To Continue Reading: Click Here
-----------------------------------------
Source: Mondaq News
By: Jerry J. Patterson
By now, we have all been inundated with fears of Zubulake-type damages if we don't properly preserve and produce metadata; or our client's claim will be struck if we don't advise them to preserve the back-up tapes to their computer system. "E-discovery is changing the landscape of litigation", the fear-mongers shout. Well, yes and no.
It is undeniable that the proliferation of electronically stored information ("ESI") in today's business environment makes your 3-hole punch a less utilized tool than it was 10 years ago. And it is incumbent on all counsel to be aware of the differences associated with the preservation and production of ESI vs. paper records. But, like many issues in the law, once you decode the jargon, you will find that the basic legal principles are not that different. At their core, the preservation obligations for ESI mirror the conventional obligations for paper records. You just need to be attuned to the characteristics of ESI that demand earlier and more detailed attention than the dusty boxes of documents sitting in your client's warehouse.
The purpose of this paper is to highlight the preservation obligations of ESI according to the most recent guidelines and judicial pronouncements. It will describe the potential sanctions for failing to properly preserve relevant ESI. Finally, the paper addresses the best practices to avoid any such sanctions.
The "Old School" Preservation Obligation
In Alberta, litigants' obligation to preserve documents is governed by the Alberta Rules of Court and the common law.
Rules 186 - 87 of the Alberta Rules of Court provide the obligation for parties to produce "records" in the "possession, custody or power" of the party that are "relevant and material" to the issues in a lawsuit.
These rules also govern the production of ESI. Rule 186 defines "record" as including "... the physical representation or record of any information, data or other thing that is or is capable of being represented or reproduced visually or by sound, or both".
To Continue Reading: Click Here
-----------------------------------------
Source: Mondaq News
By: Jerry J. Patterson
Monday, November 24, 2008
IBM to Validate Resiliency of Cloud Computing Infrastructures
Will Consult With Businesses of All Sizes to Ensure Resiliency, Availability, Security; Drive Adoption of New Technology
In a move that could spur the rise of the nascent computing model known as "cloud," IBM (IBM:) today said it would introduce a program to validate the resiliency of any company delivering applications or services to clients in the cloud environment. As a result, customers can quickly and easily identify trustworthy providers that have passed a rigorous evaluation, enabling them to more quickly and confidently reap the business benefits of cloud services.
Cloud computing is a model for network-delivered services, in which the user sees only the service and does not view the implementation or infrastructure required for its delivery. The success to date of cloud services like storage, data protection and enterprise applications, has created a large influx of new providers. However, unpredictable performance and some high-profile downtime and recovery events with newer cloud services have created a challenge for customers evaluating the move to cloud.
IBM's new "Resilient Cloud Validation" program will allow businesses who collaborate with IBM on a rigorous, consistent and proven program of benchmarking and design validation to use the IBM logo: "Resilient Cloud" when marketing their services.
Operating the most data centers in the world, IBM has delivered remote technology services to clients for decades and has developed strict standards for service quality -- from infrastructure design to process excellence. Through its new Resilient Cloud Validation program, IBM's Business Continuity and Resiliency Services unit will build on its 40-year history of eliminating downtime in the most demanding business environments to help cloud service providers meet the highest standards of resiliency. In addition, IBM Research has developed end-to-end tools for assessment and discovery within a customer's configuration, modeling, ROI analysis, optimization and migration to a highly virtualized cloud environment.
To Continue Reading: Click Here
------------------------------------------
Source: Marketwatch
In a move that could spur the rise of the nascent computing model known as "cloud," IBM (IBM:) today said it would introduce a program to validate the resiliency of any company delivering applications or services to clients in the cloud environment. As a result, customers can quickly and easily identify trustworthy providers that have passed a rigorous evaluation, enabling them to more quickly and confidently reap the business benefits of cloud services.
Cloud computing is a model for network-delivered services, in which the user sees only the service and does not view the implementation or infrastructure required for its delivery. The success to date of cloud services like storage, data protection and enterprise applications, has created a large influx of new providers. However, unpredictable performance and some high-profile downtime and recovery events with newer cloud services have created a challenge for customers evaluating the move to cloud.
IBM's new "Resilient Cloud Validation" program will allow businesses who collaborate with IBM on a rigorous, consistent and proven program of benchmarking and design validation to use the IBM logo: "Resilient Cloud" when marketing their services.
Operating the most data centers in the world, IBM has delivered remote technology services to clients for decades and has developed strict standards for service quality -- from infrastructure design to process excellence. Through its new Resilient Cloud Validation program, IBM's Business Continuity and Resiliency Services unit will build on its 40-year history of eliminating downtime in the most demanding business environments to help cloud service providers meet the highest standards of resiliency. In addition, IBM Research has developed end-to-end tools for assessment and discovery within a customer's configuration, modeling, ROI analysis, optimization and migration to a highly virtualized cloud environment.
To Continue Reading: Click Here
------------------------------------------
Source: Marketwatch
E-Discovery – Preservation Means Knowing When to Hold 'Em
There is a distinction between application- and system-specific litigation tools and newer e-discovery litigation-hold software
In the court case Consolidated Aluminum v. Alco, the defendant suffered monetary sanctions for failing to properly apply litigation holds. In spite of the fact that Alco had a litigation hold policy in place, someone was asleep at the wheel. There were several serious issues: Alco issued the holds after litigation had begun, did not make the holds broad enough, and did not enforce holds when key employees deleted relevant data.
One of the federal rules of civil procedure's strictures requires that companies demonstrate consistent litigation hold practices. This does not mean that litigation holds must be issued willy-nilly. No one (with the possible exception of opposing counsel) believes that a company must lock up all its active data in case of potential relevance, no matter how slight. However, litigation holds do come into serious play when looming litigation is "reasonably anticipated" and when data has high potential relevance, no matter where it may be located.
This area is another example where human oversight and e-discovery technology can and should work together. Attorneys and IT should work together to decide what electronically stored information (ESI) should be retained for upcoming discovery actions, which individuals have custody of the relevant ESI, and where the files are located -- fileshares, email servers, archives, laptops. Once these decisions are made, then the firm can use e-discovery tools to search for and hold the relevant data.
To Continue Reading: Click Here
-------------------------------------------
Source: ByteandSwitch
By: Christine Taylor
In the court case Consolidated Aluminum v. Alco, the defendant suffered monetary sanctions for failing to properly apply litigation holds. In spite of the fact that Alco had a litigation hold policy in place, someone was asleep at the wheel. There were several serious issues: Alco issued the holds after litigation had begun, did not make the holds broad enough, and did not enforce holds when key employees deleted relevant data.
One of the federal rules of civil procedure's strictures requires that companies demonstrate consistent litigation hold practices. This does not mean that litigation holds must be issued willy-nilly. No one (with the possible exception of opposing counsel) believes that a company must lock up all its active data in case of potential relevance, no matter how slight. However, litigation holds do come into serious play when looming litigation is "reasonably anticipated" and when data has high potential relevance, no matter where it may be located.
This area is another example where human oversight and e-discovery technology can and should work together. Attorneys and IT should work together to decide what electronically stored information (ESI) should be retained for upcoming discovery actions, which individuals have custody of the relevant ESI, and where the files are located -- fileshares, email servers, archives, laptops. Once these decisions are made, then the firm can use e-discovery tools to search for and hold the relevant data.
To Continue Reading: Click Here
-------------------------------------------
Source: ByteandSwitch
By: Christine Taylor
Sunday, November 23, 2008
Getting Search Engine Optimization Right
On Aug. 13th, a techie blogger named Oilman posted an article entitled, "Shame Shame Shame Findlaw," accusing the legal behemoth of violating Google's guidelines. Within hours, Findlaw was pilloried by the search engine optimization blogosphere. Terms like "ethical violations," "multimillion dollar business models," "potential lawsuits" and "scamming" were bandied about. Google dropped FindLaw's page rank from a 7 to a 5. Popular legal blogger Kevin O'Keefe outlined a course of action for Findlaw, which called for public disclosure, refunds and apologies.
The controversy unveiled Findlaw's SEM Advantage program -- which was essentially an agreement to sell a link from FindLaw.com to a law firm's Web site for up to $2,500 a month for the sole purpose of improving that site's search results. This is in violation of Google's Webmaster Guidelines, which state: "Buying or selling links that pass Page Rank is in violation of Google's Webmaster guidelines and can negatively impact a site's ranking in search results."
What happened? What is search engine optimization anyway? What was the big deal?
Search engine optimization is the fine and very competitive art of positioning a Web page to rank high for a specific phrase submitted to search engines. Ranking is simply the order in which the search results appear -- with the top three positions accounting for approximately 70 percent of all clicks. Ranking first on Google for a highly competitive term like "Chicago DUI Lawyer" can bring a massive volume of highly qualified prospects to a law firm. Because the upside is so big, firms spend thousands of dollars on SEO consultants, third-party applications and interactive agencies to reach and maintain their position at the top.
Search engines compete amongst each other on their ability to guide users to relevant content. The search engines, therefore, reward those Web pages that provide useful content to their consumers with high rankings. To understand how to get the most out of search engine optimization, it is important to learn how search engines catalogue and evaluate trillions of Web pages to determine which one is most relevant to a given search query.
To Continue Reading: Click Here
-------------------------------------------
Source: Law.com
By Conrad Saam
The controversy unveiled Findlaw's SEM Advantage program -- which was essentially an agreement to sell a link from FindLaw.com to a law firm's Web site for up to $2,500 a month for the sole purpose of improving that site's search results. This is in violation of Google's Webmaster Guidelines, which state: "Buying or selling links that pass Page Rank is in violation of Google's Webmaster guidelines and can negatively impact a site's ranking in search results."
What happened? What is search engine optimization anyway? What was the big deal?
Search engine optimization is the fine and very competitive art of positioning a Web page to rank high for a specific phrase submitted to search engines. Ranking is simply the order in which the search results appear -- with the top three positions accounting for approximately 70 percent of all clicks. Ranking first on Google for a highly competitive term like "Chicago DUI Lawyer" can bring a massive volume of highly qualified prospects to a law firm. Because the upside is so big, firms spend thousands of dollars on SEO consultants, third-party applications and interactive agencies to reach and maintain their position at the top.
Search engines compete amongst each other on their ability to guide users to relevant content. The search engines, therefore, reward those Web pages that provide useful content to their consumers with high rankings. To understand how to get the most out of search engine optimization, it is important to learn how search engines catalogue and evaluate trillions of Web pages to determine which one is most relevant to a given search query.
To Continue Reading: Click Here
-------------------------------------------
Source: Law.com
By Conrad Saam
2008 ABA Tech Survey Sees More Mobility
The "2008 ABA Legal Technology Survey Report" suggests that an increasing number of attorneys have found a way to bridge the "work/life" gap: They're going mobile. The report is the latest from the American Bar Association's Legal Technology Resource Center, which has surveyed practicing attorneys for more than a decade. This year, findings are presented in six volumes, including the new "Baseline and Budgets."
In 2008, we noted substantial increases in the availability and use of mobile devices, including both laptops and smartphones. Many attorneys are using laptops as their primary computer, and courtrooms are seeing more mobile devices. While these developments may not decrease the overall workload of typical attorneys, they can certainly help attorneys decide where -- and when -- they work.
PRIMARY COMPUTER
Laptops offer attorneys the flexibility to work in the office or to take their work with them wherever they go. For the "Law Office Technology" volume, respondents were asked to identify their primary computer at work. Overall, 35 percent cited laptops, a jump from 29 percent in 2007; including 51 percent of attorneys at large firms (100 or more attorneys). In the "Mobile Lawyers" volume, respondents were asked how often and where they use laptops outside the office. Home (65 percent) was followed by hotels (37 percent) and airports (18 percent).
While relatively few attorneys regularly use their laptops in client offices or in opposing or co-counsel offices (7 percent each), they're far more likely to use PDAs, smartphones and BlackBerrys in those locations: 56 percent in opposing counsel offices and 51 percent in co-counsel offices.
To Continue Reading: Click Here
-------------------------------------------
Source: Law.com
By Catherine Sanders Reach & Josh Poje
In 2008, we noted substantial increases in the availability and use of mobile devices, including both laptops and smartphones. Many attorneys are using laptops as their primary computer, and courtrooms are seeing more mobile devices. While these developments may not decrease the overall workload of typical attorneys, they can certainly help attorneys decide where -- and when -- they work.
PRIMARY COMPUTER
Laptops offer attorneys the flexibility to work in the office or to take their work with them wherever they go. For the "Law Office Technology" volume, respondents were asked to identify their primary computer at work. Overall, 35 percent cited laptops, a jump from 29 percent in 2007; including 51 percent of attorneys at large firms (100 or more attorneys). In the "Mobile Lawyers" volume, respondents were asked how often and where they use laptops outside the office. Home (65 percent) was followed by hotels (37 percent) and airports (18 percent).
While relatively few attorneys regularly use their laptops in client offices or in opposing or co-counsel offices (7 percent each), they're far more likely to use PDAs, smartphones and BlackBerrys in those locations: 56 percent in opposing counsel offices and 51 percent in co-counsel offices.
To Continue Reading: Click Here
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Source: Law.com
By Catherine Sanders Reach & Josh Poje
Friday, November 21, 2008
Psystar case reveals Apple's shaky e-mail retention policy
Apple has sold enterprise-class storage hardware and software for years, but the company has yet to embrace systematic e-mail and document retention policies that are common among publicly traded companies.
According to a recent legal filing (page 7) in the Psystar vs Apple antitrust case, Apple employees are responsible for maintaining their own documents such as e-mails, memos, and voicemails. In other words, there is no company-wide policy for archiving, saving, or deleting these documents
This could pose a problem in the event of a lawsuit. In recent years, companies have been fined millions after failing to retrieve old emails and other files required as evidence. The fear of fines and other sanctions has resulted in many companies instituting strict “e-discovery” retention policies, and has helped give rise to a new class of enterprise-class storage and indexing tools.
An e-discovery lawyer, who asked not to be named because his employer (a firm you probably have heard of) doesn’t want him speaking to the press, explained the basic legal requirements surrounding email and document retention to The Standard. “If litigation is anticipated, the party has a duty to preserve potentially relevant documents,” he said.
“An employee retention program with no organization or coordination is effectively incapable of compliance,” he continued, “barring an act of God, or luck akin to picking every game right in an NCAA pool. Apple’s retention policy is negligent.”
Consider this scenario: Employees could have e-mails from five years ago that become “potentially relevant”, but because there was no policy in place regarding e-documents, those records could easily become destroyed—making it potentially impossible for a plaintiff to make a case from internal documents.
To Continue Reading: Click Here
-------------------------------------------
Source: macworld.com
According to a recent legal filing (page 7) in the Psystar vs Apple antitrust case, Apple employees are responsible for maintaining their own documents such as e-mails, memos, and voicemails. In other words, there is no company-wide policy for archiving, saving, or deleting these documents
This could pose a problem in the event of a lawsuit. In recent years, companies have been fined millions after failing to retrieve old emails and other files required as evidence. The fear of fines and other sanctions has resulted in many companies instituting strict “e-discovery” retention policies, and has helped give rise to a new class of enterprise-class storage and indexing tools.
An e-discovery lawyer, who asked not to be named because his employer (a firm you probably have heard of) doesn’t want him speaking to the press, explained the basic legal requirements surrounding email and document retention to The Standard. “If litigation is anticipated, the party has a duty to preserve potentially relevant documents,” he said.
“An employee retention program with no organization or coordination is effectively incapable of compliance,” he continued, “barring an act of God, or luck akin to picking every game right in an NCAA pool. Apple’s retention policy is negligent.”
Consider this scenario: Employees could have e-mails from five years ago that become “potentially relevant”, but because there was no policy in place regarding e-documents, those records could easily become destroyed—making it potentially impossible for a plaintiff to make a case from internal documents.
To Continue Reading: Click Here
-------------------------------------------
Source: macworld.com
'Jacobsen' Gives Legs to Open Source
In the Aug. 13 opinion in Jacobsen v. Katzer, 2008-1001, 2008 WL 3395772, the Federal Circuit U.S. Court of Appeals ruled that violation of an open source license constitutes copyright infringement rather than a breach of contract. In so holding, the Federal Circuit rejected the notion that the free and unlimited nature of open source software licenses mandates that provisions of these licenses be construed as covenants, the violation of which would constitute breach of contract, rather than conditions that give rise to a claim of infringement. Specifically, the court held:
"Copyright holders who engage in open source licensing have the right to control the modification and distribution of copyrighted material. ... The choice to extract consideration in the form of compliance with the open source requirements of disclosure and explanation of changes, rather than as a dollar-denominated fee, is entitled to no less legal recognition."
The Federal Circuit's holding in Jacobsen opens the door for open source copyright holders to seek injunctive relief for violation of the open source license.
Although the language of the decision is clear, the scope and precedential impact of Jacobsen remain uncertain. Although there have been no official reports of any proceedings having been commenced, some have speculated that a petition for certiorari could be filed with the U.S. Supreme Court that if granted might result in the Jacobsen ruling being overturned or modified.
Even absent modification by subsequent review, the impact of the Jacobsen ruling remains somewhat uncertain. The Federal Circuit does not normally rule on copyright issues; a procedural oddity brought the Jacobsen case before the court. Furthermore, the Federal Circuit's ruling was based in part on the text of the license at issue (focusing on the language "provided that," which is typically regarded as imposing a condition) and the meaning of its key terms under California law. However, at the very least, the decision extends a level of recognition to open source software that may influence subsequent rulings on the issue.
To Continue Reading: Click Here
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Source: Law.com
By F. Kopeikin and Sabir Ibrahim
"Copyright holders who engage in open source licensing have the right to control the modification and distribution of copyrighted material. ... The choice to extract consideration in the form of compliance with the open source requirements of disclosure and explanation of changes, rather than as a dollar-denominated fee, is entitled to no less legal recognition."
The Federal Circuit's holding in Jacobsen opens the door for open source copyright holders to seek injunctive relief for violation of the open source license.
Although the language of the decision is clear, the scope and precedential impact of Jacobsen remain uncertain. Although there have been no official reports of any proceedings having been commenced, some have speculated that a petition for certiorari could be filed with the U.S. Supreme Court that if granted might result in the Jacobsen ruling being overturned or modified.
Even absent modification by subsequent review, the impact of the Jacobsen ruling remains somewhat uncertain. The Federal Circuit does not normally rule on copyright issues; a procedural oddity brought the Jacobsen case before the court. Furthermore, the Federal Circuit's ruling was based in part on the text of the license at issue (focusing on the language "provided that," which is typically regarded as imposing a condition) and the meaning of its key terms under California law. However, at the very least, the decision extends a level of recognition to open source software that may influence subsequent rulings on the issue.
To Continue Reading: Click Here
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Source: Law.com
By F. Kopeikin and Sabir Ibrahim
Thursday, November 20, 2008
Searching Beyond Google
Get out of the rut with specialized databases that might turn up the results you need
Web site usage statistics suggest that people are in a search rut. Most Web searching uses just a few providers -- okay, basically one, Google. But no one site can give access to everything. Luckily, there is a wide selection of Web search tools available for the person who wants to shake things up and get some new insights into her research.
For example, there is the vast virtual territory nicknamed the "invisible Web." It refers to databases connected to the Web but not necessarily available for indexing by normal search engines. But each of these sites has its own search capability, and you can generally find them through normal Web searches. By combining the phrase "search engine" with the topic name that interests you, a search engine can find the home pages that offer interfaces to the data. (In fact, the Web site run by the parent company of Corporate Counsel, law.com, has a comprehensive search function.) Looking for specialized information on steel? Check for "steel search engines" and, among others, find Steelonthenet.com's Ferrosearch search engine that indexes thousands of steel industry Web sites. You get focused results and forgo having to wade through thousands of irrelevant results. In fact, searching on Google for the phrase "specialized search engines" will turn up at least a half-dozen collections of them on the opening page of the search results.
Meta-engines provide the search equivalent of an information mall. These sites submit search terms simultaneously to a number of individual search engines and then combine all the results. Although there are standbys like Dogpile, there are some interesting alternatives. Intelways, for one, can search a collection of engines that would be overwhelming except that you can choose subsets by such search categories as news, video, images, reference, academic, business or technology. Clusty collects information from a number of sites, presenting the list of pages on the right, but also identifies categories, or clusters, on the left-hand side of the window. You can narrow the context of your search by clicking on one of the clusters and getting only that set of results. Similarly, ZapMeta searches Yahoo, Google, Microsoft Live Search, Ask and others, and produces one set of results on the left with a set of expandable applicable categories on the right.
Although search engines may be the first choice, consider trying a directory, which arranges Web pages into categories. Yahoo Directory is the king of commercial offerings. Type your keywords, and see what site categories appear. Not only might you find a category that is an exact match for what you need, but the category names themselves may suggest additional ways of conducting a Web search through different or related expressions. Possibly more useful is the Internet Public Library. A consortium of universities and colleges with information science programs maintains a high-quality collection of resources organized by category. Volunteer librarians keep things relevant and current.
To Continue Reading: Click Here
-----------------------------------------
Source: law.com
By: Erik Sherman
Web site usage statistics suggest that people are in a search rut. Most Web searching uses just a few providers -- okay, basically one, Google. But no one site can give access to everything. Luckily, there is a wide selection of Web search tools available for the person who wants to shake things up and get some new insights into her research.
For example, there is the vast virtual territory nicknamed the "invisible Web." It refers to databases connected to the Web but not necessarily available for indexing by normal search engines. But each of these sites has its own search capability, and you can generally find them through normal Web searches. By combining the phrase "search engine" with the topic name that interests you, a search engine can find the home pages that offer interfaces to the data. (In fact, the Web site run by the parent company of Corporate Counsel, law.com, has a comprehensive search function.) Looking for specialized information on steel? Check for "steel search engines" and, among others, find Steelonthenet.com's Ferrosearch search engine that indexes thousands of steel industry Web sites. You get focused results and forgo having to wade through thousands of irrelevant results. In fact, searching on Google for the phrase "specialized search engines" will turn up at least a half-dozen collections of them on the opening page of the search results.
Meta-engines provide the search equivalent of an information mall. These sites submit search terms simultaneously to a number of individual search engines and then combine all the results. Although there are standbys like Dogpile, there are some interesting alternatives. Intelways, for one, can search a collection of engines that would be overwhelming except that you can choose subsets by such search categories as news, video, images, reference, academic, business or technology. Clusty collects information from a number of sites, presenting the list of pages on the right, but also identifies categories, or clusters, on the left-hand side of the window. You can narrow the context of your search by clicking on one of the clusters and getting only that set of results. Similarly, ZapMeta searches Yahoo, Google, Microsoft Live Search, Ask and others, and produces one set of results on the left with a set of expandable applicable categories on the right.
Although search engines may be the first choice, consider trying a directory, which arranges Web pages into categories. Yahoo Directory is the king of commercial offerings. Type your keywords, and see what site categories appear. Not only might you find a category that is an exact match for what you need, but the category names themselves may suggest additional ways of conducting a Web search through different or related expressions. Possibly more useful is the Internet Public Library. A consortium of universities and colleges with information science programs maintains a high-quality collection of resources organized by category. Volunteer librarians keep things relevant and current.
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Source: law.com
By: Erik Sherman
The mobile device INVESTIGATOR'S TOOLBOX
What works best for newbies, what requires more training, and how to tell the difference
These days, virtually every major criminal activity leaves evidence — images, text messages, call records and more — on mobile devices. Yet for the investigator who knows only the basics or less about how to recover this evidence, building a strong case can be difficult — especially after the evidence has been deleted.
State or regional digital forensics labs are frequently overworked and understaffed, while many agencies lack the resources for the training and equipment to support an in-house expert. A good compromise is to train non-expert forensic analysts or investigators to recover essential evidence. However, those who wish to take part in more complex mobile forensics need to know first that mobile forensics is as complicated as computer forensics — and has many of its own challenges. Many tools exist to aid data recovery efforts, but they demand plenty of training and educational support.Cost challenges
Cost can be a significant challenge to smaller agencies, but SEARCH computer crime training specialist Keith Daniels says the investment in a tool like Cellebrite UFED (See "Data recovery tools" on Page 30) can be well worth it. Not only does it have unparalleled support, it's also easy to learn and use.
Cellebrite works quickly enough (15 to 20 minutes) to be used in emergencies, such as with missing persons. "It works so quickly on the street," says Daniels. "It can be a life-saving device." He finds it so useful that he counsels investigators in agencies with limited resources to pool funds with other investigative units to buy it.
If this is not possible, detectives are encouraged to find out whether they can join with a local or regional task force. In California, five task forces are available. "Investigators send phones to us for help," says Brian Farnsworth, an investigator with the Sacramento Valley Hi-Tech Crimes Task Force. "If they find they're getting inundated by mobile evidence, they can join the task force and have access to our resources."
However, not all task forces have the same tools. "In Sacramento Valley, we had to buy most of what's available because we had so much coming in," says Farnsworth. Investigators with no task force at their disposal can apply for grants, such as from the federal Internet Crimes Against Children (ICAC) program, to start one of their own.
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Source: officer.com
These days, virtually every major criminal activity leaves evidence — images, text messages, call records and more — on mobile devices. Yet for the investigator who knows only the basics or less about how to recover this evidence, building a strong case can be difficult — especially after the evidence has been deleted.
State or regional digital forensics labs are frequently overworked and understaffed, while many agencies lack the resources for the training and equipment to support an in-house expert. A good compromise is to train non-expert forensic analysts or investigators to recover essential evidence. However, those who wish to take part in more complex mobile forensics need to know first that mobile forensics is as complicated as computer forensics — and has many of its own challenges. Many tools exist to aid data recovery efforts, but they demand plenty of training and educational support.Cost challenges
Cost can be a significant challenge to smaller agencies, but SEARCH computer crime training specialist Keith Daniels says the investment in a tool like Cellebrite UFED (See "Data recovery tools" on Page 30) can be well worth it. Not only does it have unparalleled support, it's also easy to learn and use.
Cellebrite works quickly enough (15 to 20 minutes) to be used in emergencies, such as with missing persons. "It works so quickly on the street," says Daniels. "It can be a life-saving device." He finds it so useful that he counsels investigators in agencies with limited resources to pool funds with other investigative units to buy it.
If this is not possible, detectives are encouraged to find out whether they can join with a local or regional task force. In California, five task forces are available. "Investigators send phones to us for help," says Brian Farnsworth, an investigator with the Sacramento Valley Hi-Tech Crimes Task Force. "If they find they're getting inundated by mobile evidence, they can join the task force and have access to our resources."
However, not all task forces have the same tools. "In Sacramento Valley, we had to buy most of what's available because we had so much coming in," says Farnsworth. Investigators with no task force at their disposal can apply for grants, such as from the federal Internet Crimes Against Children (ICAC) program, to start one of their own.
To Continue Reading: Click Here
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Source: officer.com
Pro-active E-Discovery Strategies Can Minimize Risk
E-discovery strategies are critical for enterprises in a world of rising litigation, bankruptcies, mergers and acquisitions, and increased regulation, argues CMS Watch, an independent analyst firm that has just released a unique, half-day online course, "The Fundamentals of E-Discovery."
CMS Watch logoFor those enterprises that do not have a proactive e-discovery strategy in place, getting hit with a lawsuit or regulatory action means a costly search for information needles in very large haystacks.
"Ideally an e-discovery strategy should not be reactive, but rather proactive by employing proper records management and e-mail archiving policies and procedures," notes CMS Watch Principal Alan Pelz-Sharpe. "But, many if not most enterprises don't know where to start," adds Pelz-Sharpe.
"The Fundamentals of E-Discovery" course lays out the proper ways to build a successful e-discovery process, and offers advice on which key technical considerations to evaluate when selecting an e-discovery tool.
"The course can help you get quickly up-to-speed on how to go about setting up and launching an e-discovery strategy," said CMS Watch Analyst Jarrod Gingras. "Because we are entirely vendor-neutral with no solutions to sell, we provide a trusted, independent source to fill the knowledge gap."
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Source: emediawire.com
CMS Watch logoFor those enterprises that do not have a proactive e-discovery strategy in place, getting hit with a lawsuit or regulatory action means a costly search for information needles in very large haystacks.
"Ideally an e-discovery strategy should not be reactive, but rather proactive by employing proper records management and e-mail archiving policies and procedures," notes CMS Watch Principal Alan Pelz-Sharpe. "But, many if not most enterprises don't know where to start," adds Pelz-Sharpe.
"The Fundamentals of E-Discovery" course lays out the proper ways to build a successful e-discovery process, and offers advice on which key technical considerations to evaluate when selecting an e-discovery tool.
"The course can help you get quickly up-to-speed on how to go about setting up and launching an e-discovery strategy," said CMS Watch Analyst Jarrod Gingras. "Because we are entirely vendor-neutral with no solutions to sell, we provide a trusted, independent source to fill the knowledge gap."
To Continue Reading: Click Here
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Source: emediawire.com
Wednesday, November 19, 2008
How IT can lead the financial services industry
In the face of an ongoing credit crisis, industry experts from JP Morgan Chase and PricewaterhouseCoopers hype the need for stronger influence from technology professionals. CA says better IT governance, risk and compliance tools are key.
LAS VEGAS - There isn’t a single financial services company in the world that isn’t more dependent on technology today than they were a year ago, according to former JP Morgan Chase & Co. CIO Austin Adams. He advised IT leaders to take advantage of today’s economic climate and use technology to bring business units together.
“There has never been a better time for CIOs and other technology leaders to show that technology can add business value,” Adams said. “Executive managers are much more willing to listen to IT folks nowadays. The question is are we going to do anything to add value or just focus cutting costs?”
Adams joined industry experts from IDC Corp., PricewaterhouseCoopers LLC, and CA Inc., for a panel discussion at CAWorld 2008 to share IT management best practices for banks and other financial service companies during the global recession. Nearly every panelist agreed that implementing measures that allow for better collaboration between IT and other business units will be important throughout the crisis.
“Sometimes we forget that we’re the only ones that understand our technology,” Tom Vicknair. chairman of the Financial Services Technology Consortium (FSTC) at JP Morgan Chase, said. “We have to learn to help the business unit.”
“We have to come up with a model where both business and IT really work together on things and how to better leverage technology during these times.”
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Source: itworldcanada.com
Economic Downturn Underscores Need for Proactive Measures To Safeguard Data and Minimize Risk
Coral Gables, FL (PRWEB) November 19, 2008 -- As the economic outlook declines, crime increases. And, for the business community, those who do not take action to protect their most valuable commodity - Information - the results can be devastating. In addition, with the U.S. unemployment rate at its highest in 20 years, the risk to data security is increased exponentially, as hackers are more desperate to gain access into networks.
The U.S. Department of Labor has warned that 93% of businesses that experience a significant data loss go out of business within five years. "Of those companies 43% go out of business within the first year, and 72% go out in the second year," according to the Disaster Recovery Journal, a leading publication dedicated to the importance of contingency planning in the event of an disastrous occurrence.
"While identity theft is on the rise and has received the most significant amount of media attention, this is just one of many areas where companies are vulnerable," says Silka Gonzalez, president/founder of Enterprise Risk Management (ERM). "As security, regulations and privacy issues increase, today's businesses must face the daunting task of managing risks. The best way to ensure that a business stays on top of potential security problems is to take measures before a breach occurs."
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Source: prweb.com
ONSITE and Clearwell Enable Clients to Strike the Right Balance Between In-House and Hosted E-Discovery Solutions
ONSITE(TM), a leading global provider of electronic evidence solutions for law firms and corporations, and Clearwell Systems, a leader in intelligent e-discovery, today announced a dramatic increase in cross-platform efficiency that enables clients to achieve a balanced approach between in-house and hosted e-discovery solutions.
This exciting new capability will enable clients to conduct early case assessment, defensible search, and intelligent culling in-house using the Clearwell E-Discovery Platform®; and then rapidly move potentially responsive results into ONSITE’s eView(TM) document review platform. Clients will be able to quickly and directly control the transfer of electronic data from the Clearwell E-Discovery Platform into eView while maintaining all tags, folder structures, and notes.
"It is critical that our firm be able to scale our e-discovery workflow process quickly, particularly as case response timeframes accelerate and data sizes grow," said Daniel Gelb, attorney, Gelb & Gelb LLP. "The ability to immediately conduct early case assessment, search and analysis—and then continue to manage the e-discovery process for review through production— is crucial for effective advocacy throughout the litigation."
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Source: biz.yahoo.com
This exciting new capability will enable clients to conduct early case assessment, defensible search, and intelligent culling in-house using the Clearwell E-Discovery Platform®; and then rapidly move potentially responsive results into ONSITE’s eView(TM) document review platform. Clients will be able to quickly and directly control the transfer of electronic data from the Clearwell E-Discovery Platform into eView while maintaining all tags, folder structures, and notes.
"It is critical that our firm be able to scale our e-discovery workflow process quickly, particularly as case response timeframes accelerate and data sizes grow," said Daniel Gelb, attorney, Gelb & Gelb LLP. "The ability to immediately conduct early case assessment, search and analysis—and then continue to manage the e-discovery process for review through production— is crucial for effective advocacy throughout the litigation."
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Source: biz.yahoo.com
Tuesday, November 18, 2008
Thanks to gamers, the desktop supercomputer arrives
Nvidia's graphics processing power produces a (relatively) inexpensive HPC, the Tesla Personal Supercomputer
The definition of a personal supercomputer goes something like this: It's inexpensive, can sit on a desk, plugs into a wall socket and is at least within jumping distance of the Top500 supercomputing list. By that measure, Nvidia Corp.'s new computer is one of the first arrivals in this emerging product category.
Nvidia today unveiled a workstation it calls the Tesla Personal Supercomputer at the Supercomputing 08 show here. The Tesla sports 960 cores, delivers almost 4 teraflops of performance and costs less than $9,995. It achieves that speed and price by using four graphics processing units (GPU), each of which has 240 cores.
"This really is the supercomputer on your desk," Dell Inc. CEO Michael Dell told attendees at the conference, which drew more than 10,000 science and commercial high-performance computing users, along with a slew of vendors hoping that the high-performance computing (HPC) market will be a bright spot in otherwise difficult tech economy. The attendance was a new record for this annual conference.
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Source: Computerworld
By: Patrick Thibodeau
The definition of a personal supercomputer goes something like this: It's inexpensive, can sit on a desk, plugs into a wall socket and is at least within jumping distance of the Top500 supercomputing list. By that measure, Nvidia Corp.'s new computer is one of the first arrivals in this emerging product category.
Nvidia today unveiled a workstation it calls the Tesla Personal Supercomputer at the Supercomputing 08 show here. The Tesla sports 960 cores, delivers almost 4 teraflops of performance and costs less than $9,995. It achieves that speed and price by using four graphics processing units (GPU), each of which has 240 cores.
"This really is the supercomputer on your desk," Dell Inc. CEO Michael Dell told attendees at the conference, which drew more than 10,000 science and commercial high-performance computing users, along with a slew of vendors hoping that the high-performance computing (HPC) market will be a bright spot in otherwise difficult tech economy. The attendance was a new record for this annual conference.
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Source: Computerworld
By: Patrick Thibodeau
Pittsburgh attorney at forefront of ediscovery, the hottest area of law
E-discovery, the latest buzz word in the legal industry, is the new tool of trial lawyers seeking to find “smoking gun” electronic evidence pertinent to a case.
This month some 300 attorneys attended a conference at the David L. Lawrence Convention Center that explored how technology is changing legal practice.
Pittsburgh attorney David Cohen, a partner in the Pittsburgh office of K&L Gates, co-chaired that conference, and is on the forefront of e-discovery, the gathering of electronically stored information like e-mail, databases and other computer files for civil and criminal cases.
As a co-chair of the firms’ e-Discovery Analysis & Technology Group, Cohen travels the country helping to bring organizations up to speed on e-discovery tactics.
“E-discovery is one of the hottest areas in law,” says Cohen, who counsels companies and presents training seminars on records management, e-mail sensitivity and e-discovery readiness. “This isn’t something that is yet taught in law schools. Many firms are just now starting separate departments for e-discovery.”
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Source: popcitymedia.com
By: Deb Smit
This month some 300 attorneys attended a conference at the David L. Lawrence Convention Center that explored how technology is changing legal practice.
Pittsburgh attorney David Cohen, a partner in the Pittsburgh office of K&L Gates, co-chaired that conference, and is on the forefront of e-discovery, the gathering of electronically stored information like e-mail, databases and other computer files for civil and criminal cases.
As a co-chair of the firms’ e-Discovery Analysis & Technology Group, Cohen travels the country helping to bring organizations up to speed on e-discovery tactics.
“E-discovery is one of the hottest areas in law,” says Cohen, who counsels companies and presents training seminars on records management, e-mail sensitivity and e-discovery readiness. “This isn’t something that is yet taught in law schools. Many firms are just now starting separate departments for e-discovery.”
To Continue Reading: Click Here
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Source: popcitymedia.com
By: Deb Smit
E-Discovery Requests Loom Large for Financial Services Firms
E-Discovery Requests Loom Large for Financial Services Firms
As regulators delve into firms' archives to try to pin down responsibility for the current financial meltdown, experts anticipate that litigation will rise sharply. The FBI already announced that it is investigating Freddie Mac, AIG and Lehman, and it is expected that countless other firms will be asked to produce data to support other investigations.
Vivian Tero, program manager for compliance infrastructure at research firm IDC, says e-discovery already has risen on Wall Street's priority list. "The selling cycle [for e-discovery products and services] has become shorter. The need is immediate -- firms have regulators breathing down their backs," she explains. "Many companies are very worried and concerned, and want systems to respond [to potential e-discovery requests]."
Litigation is on the rise, confirms Rob Brunner, senior managing director in the technology practice at FTI Consulting. "We've already been seeing a lot of class action lawsuits and shareholder lawsuits," he says.
Brunner suggests it is particularly important for firms that are merging or acquiring other companies in the current meltdown to prepare themselves for e-discovery requests. But given the urgency with which mergers and acquisitions are occurring lately, that is a considerable challenge, he acknowledges.
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Source: wallstreetandtech.com
By: Melanie Rodier
As regulators delve into firms' archives to try to pin down responsibility for the current financial meltdown, experts anticipate that litigation will rise sharply. The FBI already announced that it is investigating Freddie Mac, AIG and Lehman, and it is expected that countless other firms will be asked to produce data to support other investigations.
Vivian Tero, program manager for compliance infrastructure at research firm IDC, says e-discovery already has risen on Wall Street's priority list. "The selling cycle [for e-discovery products and services] has become shorter. The need is immediate -- firms have regulators breathing down their backs," she explains. "Many companies are very worried and concerned, and want systems to respond [to potential e-discovery requests]."
Litigation is on the rise, confirms Rob Brunner, senior managing director in the technology practice at FTI Consulting. "We've already been seeing a lot of class action lawsuits and shareholder lawsuits," he says.
Brunner suggests it is particularly important for firms that are merging or acquiring other companies in the current meltdown to prepare themselves for e-discovery requests. But given the urgency with which mergers and acquisitions are occurring lately, that is a considerable challenge, he acknowledges.
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Source: wallstreetandtech.com
By: Melanie Rodier
Three Law Firms Tackle Data Quality
There may be no client relationship management project quite as challenging as data migration and de-duplication. If approached without a plan, it can be a daunting, seemingly endless task that drains firm resources. But in reality, data quality isn't a task -- it's an ongoing project.
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Source: law.com
By: Chris Fritsch
Three law firms tackled these issues, and learned valuable lessons, during recent rollouts of
ContactEase, a client relationship management program from Cole Valley Software. Each firm took a very different approach, and their experiences offer many lessons:- Detroit-based Clark Hill, with 180 attorneys, 147 support staff and five offices.
- Ulmer & Berne, with 185 attorneys, 250 support staff and four offices, headquartered in Cleveland.
- Omaha, Neb.'s Baird Holm, with 75 attorneys, 75 support staff and one office.
ARMS AND LEGS
Clark Hill chose a manual data quality process. Jim Henderson, manager of client services, says his firm went "arms and legs" to avoid committing additional funds to the CRM rollout.
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Source: law.com
By: Chris Fritsch
Monday, November 17, 2008
Federal Court lags on e-discovery
The Federal Court has delayed rules to introduce new technology that could slash millions of dollars from litigation bills.
The court was set to introduce practice note 17 by mid-year to make the process of discovery in litigation more efficient by using technology to reduce the amount of paper in cases and speed up sharing of documents among legal parties.
The revised guidelines, first flagged more than 15 months ago, have now been pushed back to early next year.
A draft practice note and related materials were finalised by consultant Jo Sherman and referred to the court's National Practice Committee mid-year.
It's understood the application of the new rules was delayed because some judges and lawyers were concerned about their ability to cope with increased technology demands.
"There seems to be an unhappiness, or at least disconnect, between what the Federal Court expected to see from the consultant and what the court would deliver," one source close to the process said.
In the meantime, the court is using nine-year-old guidelines for the use of technology in civil litigation.
Electronic discovery goes far beyond traditional paper record discovery or information held on company systems.
It includes email, instant messaging, voicemail and voice over internet protocol communications, files held on laptops, handheld devices and mobile phones, PowerPoint, Portable Document Format, video and audio files, and storage devices such as USB drives, discs and even iPods.
The court dismissed comments that the guidelines were delayed because of the industry's fear of new technology.
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Source: australianit.news.com.au
By: Mahesh Sharma
The court was set to introduce practice note 17 by mid-year to make the process of discovery in litigation more efficient by using technology to reduce the amount of paper in cases and speed up sharing of documents among legal parties.
The revised guidelines, first flagged more than 15 months ago, have now been pushed back to early next year.
A draft practice note and related materials were finalised by consultant Jo Sherman and referred to the court's National Practice Committee mid-year.
It's understood the application of the new rules was delayed because some judges and lawyers were concerned about their ability to cope with increased technology demands.
"There seems to be an unhappiness, or at least disconnect, between what the Federal Court expected to see from the consultant and what the court would deliver," one source close to the process said.
In the meantime, the court is using nine-year-old guidelines for the use of technology in civil litigation.
Electronic discovery goes far beyond traditional paper record discovery or information held on company systems.
It includes email, instant messaging, voicemail and voice over internet protocol communications, files held on laptops, handheld devices and mobile phones, PowerPoint, Portable Document Format, video and audio files, and storage devices such as USB drives, discs and even iPods.
The court dismissed comments that the guidelines were delayed because of the industry's fear of new technology.
To Continue Reading: Click Here
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Source: australianit.news.com.au
By: Mahesh Sharma
E-Discovery – How You Search Can Save Money & Time
The collection phase of e-discovery can proceed smoothly and return more useful results if you use the right tools
The third of a six-part series on e-discovery from the Taneja Group .
There is a cautionary tale in the case of Metro Wastewater Reclamation v. Alfa Laval. The defendant in a breach of contract case requested that the plaintiff produce all electronically stored information (ESI) in reference to several of the plaintiff's employees. The plaintiff was to search for all relevant digital files from email, backup and archive, and fileshares. The plaintiff protested that the request imposed an unreasonable burden, but the court ruled that the request was highly endemic to the case and therefore reasonable. The plaintiff had to cough up the documents in an expensive manual search.
If Metro Wastewater Reclamation had run advanced e-discovery search tools against their content, then they would have lifted their own burden. In fact, today search and access is more critical than ever before for e-discovery, and the ability to do so proactively can be a key advantage in court. In the course of litigation, attorneys confer at the pre-trial Rule 26(f) stage to establish the parameters for e-discovery activities. Attorneys who are armed with detailed knowledge of what information will be generated by which e-discovery queries are better prepared than their opponents.
In the example of Metro Wastewater, a simple keyword search would have returned documents with the names of the affected employees. But they would be presented to reviewers as a large and unwieldy meaningless mass of files and email whose only distinction is that they reference an employee’s name. Document management systems, networked fileshares, copies of emails, active files, and archived files -- all connected with user names, all without context. However, if the plaintiff had been able to search in context with reasonable and demonstrable search terms, then they could have met their discovery burden faster, better, and much less expensively.
To Continue Reading: Click Here
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Source: byteandswitch.com
By: Christine Taylor
The third of a six-part series on e-discovery from the Taneja Group .
There is a cautionary tale in the case of Metro Wastewater Reclamation v. Alfa Laval. The defendant in a breach of contract case requested that the plaintiff produce all electronically stored information (ESI) in reference to several of the plaintiff's employees. The plaintiff was to search for all relevant digital files from email, backup and archive, and fileshares. The plaintiff protested that the request imposed an unreasonable burden, but the court ruled that the request was highly endemic to the case and therefore reasonable. The plaintiff had to cough up the documents in an expensive manual search.
If Metro Wastewater Reclamation had run advanced e-discovery search tools against their content, then they would have lifted their own burden. In fact, today search and access is more critical than ever before for e-discovery, and the ability to do so proactively can be a key advantage in court. In the course of litigation, attorneys confer at the pre-trial Rule 26(f) stage to establish the parameters for e-discovery activities. Attorneys who are armed with detailed knowledge of what information will be generated by which e-discovery queries are better prepared than their opponents.
In the example of Metro Wastewater, a simple keyword search would have returned documents with the names of the affected employees. But they would be presented to reviewers as a large and unwieldy meaningless mass of files and email whose only distinction is that they reference an employee’s name. Document management systems, networked fileshares, copies of emails, active files, and archived files -- all connected with user names, all without context. However, if the plaintiff had been able to search in context with reasonable and demonstrable search terms, then they could have met their discovery burden faster, better, and much less expensively.
To Continue Reading: Click Here
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Source: byteandswitch.com
By: Christine Taylor
Sunday, November 16, 2008
Deduplication: A Quick Fix or The Way Forward for Storage?
Having engulfed the IT team, the data avalanche is set to hit the wider business. Organizations now have to impose restrictions on email inboxes and local storage facilities because of the amount of data being produced by users across the network.
The problem may feel insurmountable; however a key way of reducing data is to examine how much information is simply replicated by multiple users. With standardized operating systems and applications, come thousands of identical files on legions of computers. Add to that identical attachments stored in multiple recipients’ inboxes and it’s easy to see how much duplicate documents add to an organization's storage requirements.
Unless organizations want to risk facing an all-engulfing data avalanche, the amount of data being stored has to be reduced, or managed more efficiently. Vendors have been quick to address this critical pain point; however it’s unclear as to whether these technologies have the capacity to cope with new developments in data such as bigger file sizes, multimedia formats and distributed data. Unless the situation is evaluated now, companies may find themselves left with a quick-fix solution that could quickly leave them in the same position as before.
Deduplication – A Lasting Solution? Deduplication has quickly risen to the top of the IT agenda as a method to help reduce storage and power costs through streamlining the amount of information needing to be backed up. It also helps to address issues such as business continuity, e-discovery and compliance requests.
To Continue Reading: Click Here
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Source: itworld.com
By: David Asher
The problem may feel insurmountable; however a key way of reducing data is to examine how much information is simply replicated by multiple users. With standardized operating systems and applications, come thousands of identical files on legions of computers. Add to that identical attachments stored in multiple recipients’ inboxes and it’s easy to see how much duplicate documents add to an organization's storage requirements.
Unless organizations want to risk facing an all-engulfing data avalanche, the amount of data being stored has to be reduced, or managed more efficiently. Vendors have been quick to address this critical pain point; however it’s unclear as to whether these technologies have the capacity to cope with new developments in data such as bigger file sizes, multimedia formats and distributed data. Unless the situation is evaluated now, companies may find themselves left with a quick-fix solution that could quickly leave them in the same position as before.
Deduplication – A Lasting Solution? Deduplication has quickly risen to the top of the IT agenda as a method to help reduce storage and power costs through streamlining the amount of information needing to be backed up. It also helps to address issues such as business continuity, e-discovery and compliance requests.
To Continue Reading: Click Here
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Source: itworld.com
By: David Asher
Group seeks records on missing White House e-mails
How did White House e-mails go missing? A federal appeals court is cool to the idea of forcing the Bush administration to reveal records that might explain what happened.
During a half-hour-long argument Friday, the three-judge panel suggested that the Freedom of Information Act does not apply to the records, a signal that the court would allow the documents to remain confidential.
The judges seemed dismissive of the argument that the White House office housing the records had responded to other FOIA requests for many years, until it was sued a year and a half ago in the e-mail controversy.
Judge Thomas Griffith expressed doubt that the White House's previous position is legally significant.
"Why does it matter? ... They made a mistake," Griffith told Anne Weismann, chief counsel for Citizens for Responsibility and Ethics in Washington.
For nearly three years, the White House has revealed little about the difficulties with its e-mail system, which may have resulted in the loss of millions of electronic messages.
The problems first surfaced during the investigation of the leak of Valerie Plame's identity as a CIA employee, when prosecutors sought e-mails from the office of Vice President Dick Cheney.
To Continue Reading: Click Here
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Source: Associated Press
During a half-hour-long argument Friday, the three-judge panel suggested that the Freedom of Information Act does not apply to the records, a signal that the court would allow the documents to remain confidential.
The judges seemed dismissive of the argument that the White House office housing the records had responded to other FOIA requests for many years, until it was sued a year and a half ago in the e-mail controversy.
Judge Thomas Griffith expressed doubt that the White House's previous position is legally significant.
"Why does it matter? ... They made a mistake," Griffith told Anne Weismann, chief counsel for Citizens for Responsibility and Ethics in Washington.
For nearly three years, the White House has revealed little about the difficulties with its e-mail system, which may have resulted in the loss of millions of electronic messages.
The problems first surfaced during the investigation of the leak of Valerie Plame's identity as a CIA employee, when prosecutors sought e-mails from the office of Vice President Dick Cheney.
To Continue Reading: Click Here
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Source: Associated Press
Web Tracking Company Sued Over Privacy Claims
Angry online subscribers who had their Web surfing habits tracked in detail are suing a Silicon Valley startup that created the controversial technology and six Internet service providers that briefly used it.
The 15 customers who filed the lawsuit in federal court here Monday demand more than $5 million in damages and are asking a judge to turn the case into a class action representing tens of thousands Internet subscribers.
The lawsuit targets Redwood City-based NebuAd, which developed a product that allowed Internet service providers to peer deeply into the content of their customers' Web surfing traffic. The idea was that the ISPs use the technology to develop detailed advertisements specifically targeted to individual subscribers and enabling the ISPs to start reeping advertising revenue that now flows mostly to companies such as Google. NebuAd technicians attached the company's hardware onto ISPs' data hubs and then reported the results to the ISPs.
"Like a vacuum cleaner, everything passing through the pipe of the consumers' internet connection was sucked up, copied and forwarded to the California processing center," stated the lawsuit, which accuses NebuAd and the ISPs of breaking federal and state privacy laws.
Several U.S. ISPs tried out the technology, but most have withdrawn as privacy advocates and members of Congress raised concerns over the summer.
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-----------------------------------------
Source: law.com
By: Paul Elias
The 15 customers who filed the lawsuit in federal court here Monday demand more than $5 million in damages and are asking a judge to turn the case into a class action representing tens of thousands Internet subscribers.
The lawsuit targets Redwood City-based NebuAd, which developed a product that allowed Internet service providers to peer deeply into the content of their customers' Web surfing traffic. The idea was that the ISPs use the technology to develop detailed advertisements specifically targeted to individual subscribers and enabling the ISPs to start reeping advertising revenue that now flows mostly to companies such as Google. NebuAd technicians attached the company's hardware onto ISPs' data hubs and then reported the results to the ISPs.
"Like a vacuum cleaner, everything passing through the pipe of the consumers' internet connection was sucked up, copied and forwarded to the California processing center," stated the lawsuit, which accuses NebuAd and the ISPs of breaking federal and state privacy laws.
Several U.S. ISPs tried out the technology, but most have withdrawn as privacy advocates and members of Congress raised concerns over the summer.
To Continue Reading: Click Here
-----------------------------------------
Source: law.com
By: Paul Elias
Metadata Presents an Ethical Dilemma
By producing an electronic document in discovery, you may breach the attorney-client privilege, according to an ethics opinion regarding metadata issued by the District of Columbia Bar. That opinion is one of a handful of ethics opinions regarding metadata that have been decided nationwide. Attorneys must familiarize themselves with this developing and sometimes contradictory body of law to avoid potential ethics violations and ensure they protect their clients.
METADATA DEFINED
Metadata is information hidden in certain types of electronic documents and is automatically generated by document processing and spreadsheet programs. It includes information regarding the creation and revision of electronic documents, including the name of the document's authors, the amount of time spent drafting the document and hidden text comments. Deliberately searching for and viewing metadata is known as "mining." Mining can be as simple as viewing a document's properties or as sophisticated as viewing the document with special software designed for that purpose.
While much metadata may be unimportant, certain metadata, like comments made during the revision process, can include attorney-client communications and other protected information. For example, associates often draft answers to interrogatories and then have comments or changes made electronically by both a partner and the client. The original draft answers and subsequent comments may contain privileged or confidential information. Although the electronically transmitted final answers would be "clean" on their face, the metadata contained in the electronic copy could reveal that information.
Thus, metadata can prove to be invaluable evidence. Metadata was used to capture Dennis Rader, the infamous "BTK" serial killer. Rader sent the police anonymous letters in electronic format regarding murders he committed. The metadata in the letters led police to discover Rader's identity, which resulted in his arrest and conviction.
To Continue Reading: Click Here
-----------------------------------------
Source: law.com
By: Kenneth R. Meyer and Genevieve Spires
METADATA DEFINED
Metadata is information hidden in certain types of electronic documents and is automatically generated by document processing and spreadsheet programs. It includes information regarding the creation and revision of electronic documents, including the name of the document's authors, the amount of time spent drafting the document and hidden text comments. Deliberately searching for and viewing metadata is known as "mining." Mining can be as simple as viewing a document's properties or as sophisticated as viewing the document with special software designed for that purpose.
While much metadata may be unimportant, certain metadata, like comments made during the revision process, can include attorney-client communications and other protected information. For example, associates often draft answers to interrogatories and then have comments or changes made electronically by both a partner and the client. The original draft answers and subsequent comments may contain privileged or confidential information. Although the electronically transmitted final answers would be "clean" on their face, the metadata contained in the electronic copy could reveal that information.
Thus, metadata can prove to be invaluable evidence. Metadata was used to capture Dennis Rader, the infamous "BTK" serial killer. Rader sent the police anonymous letters in electronic format regarding murders he committed. The metadata in the letters led police to discover Rader's identity, which resulted in his arrest and conviction.
To Continue Reading: Click Here
-----------------------------------------
Source: law.com
By: Kenneth R. Meyer and Genevieve Spires
Old Habits Persist in Virtual Security
Virtualization has transcended being a novelty buzzword, or a noble computing experiment, and is now a resource used by corporate and law firm IT departments. It promises everything from a higher return on IT investment to a greener environment by simply consolidating several computer systems onto less hardware.
The grandiose promises of virtualization may lend support to the results of InformationWeek's Virtualization Report ("The New Sprawl: Managing Virtual Server Environments" Analytics Report, April 2008) that surveyed 323 IT professionals and found that approximately 15 percent of them do not already use a primary virtualization platform. This suggests that approximately 85 percent of the respondents currently employ some type of virtualization which, by any measure, is a high rate of adoption for the technology.
The software industry is continuing to make virtualization applications easier to implement and use. Toward that end, many tools now exist that easily transform a physical computer into a virtual one with minimal human involvement, e.g., VMWare's Converter. These new tools will further entrench virtual computing in IT infrastructures and warrant close scrutiny by the computer security community.
OLD HABITS DIE HARD
At Black Hat 2008, there were numerous presentations on virtualization security. When I attended the presentations, it was readily apparent that old habits die hard, and that people are naturally resistant to change. For example, when the Internet became widely available in the 1990s, there was little thought to its security and a lot of effort given to increase its functionality. Yet now the computer security industry continues to work hard, many years after the Internet's invention and adoption, to strengthen its security. Security professionals all agreed that "features first, security second" was not the best way to engineer secure technologies and vowed "never again."
To Continue Reading: Click Here
-----------------------------------------
Source: law.com
By: Keith Jones
The grandiose promises of virtualization may lend support to the results of InformationWeek's Virtualization Report ("The New Sprawl: Managing Virtual Server Environments" Analytics Report, April 2008) that surveyed 323 IT professionals and found that approximately 15 percent of them do not already use a primary virtualization platform. This suggests that approximately 85 percent of the respondents currently employ some type of virtualization which, by any measure, is a high rate of adoption for the technology.
The software industry is continuing to make virtualization applications easier to implement and use. Toward that end, many tools now exist that easily transform a physical computer into a virtual one with minimal human involvement, e.g., VMWare's Converter. These new tools will further entrench virtual computing in IT infrastructures and warrant close scrutiny by the computer security community.
OLD HABITS DIE HARD
At Black Hat 2008, there were numerous presentations on virtualization security. When I attended the presentations, it was readily apparent that old habits die hard, and that people are naturally resistant to change. For example, when the Internet became widely available in the 1990s, there was little thought to its security and a lot of effort given to increase its functionality. Yet now the computer security industry continues to work hard, many years after the Internet's invention and adoption, to strengthen its security. Security professionals all agreed that "features first, security second" was not the best way to engineer secure technologies and vowed "never again."
To Continue Reading: Click Here
-----------------------------------------
Source: law.com
By: Keith Jones
Friday, November 14, 2008
Avoid Legal Time Bombs
Learn whether your business is vulnerable to getting sued. Find the holes in your business, and stop lawsuits before they start.
If you own a business in the U.S. long enough, there's a strong likelihood that your business will be sued. When that happens, it will cost you a fortune to defend that lawsuit. And that's if you win.
So as a business owner, it's your responsibility to do something about it before it happens to you. For example, if you were afraid of a fire in your home, you'd ask a fire fighter for fire prevention tips. If you were worried about having a heart attack, you'd consult your doctor about preventive medicine. So it's only rational that if you're living in fear of being sued (and losing), you should ask a lawyer how you can improve the odds that you'll not only win, but also avoid a suit entirely. It's called "litigation avoidance" or "preventive lawyering."
An experienced litigator who focuses on litigation avoidance can help you find the "legal time bombs" that may be ticking in your business. A few examples follow:
Employment law is hot, particularly "wage and hour" suits, involving how employees are classified, what they're required to do, and how and when they're required to do it. It's a business nightmare. The traditional mainstays of employment litigation include wrongful termination, discrimination in hiring and/or firing and sexual harassment. This has all become big business for plaintiffs' lawyers, and thus every business in America is a potential target. Have experienced counsel audit your employment practices and advise you if and where there are ticking time bombs.
To Continue Reading: Click Here
--------------------------------------------
Source: MSNBC
By: Patrick Fraioli (Entrepreneur)
If you own a business in the U.S. long enough, there's a strong likelihood that your business will be sued. When that happens, it will cost you a fortune to defend that lawsuit. And that's if you win.
So as a business owner, it's your responsibility to do something about it before it happens to you. For example, if you were afraid of a fire in your home, you'd ask a fire fighter for fire prevention tips. If you were worried about having a heart attack, you'd consult your doctor about preventive medicine. So it's only rational that if you're living in fear of being sued (and losing), you should ask a lawyer how you can improve the odds that you'll not only win, but also avoid a suit entirely. It's called "litigation avoidance" or "preventive lawyering."
An experienced litigator who focuses on litigation avoidance can help you find the "legal time bombs" that may be ticking in your business. A few examples follow:
Employment law is hot, particularly "wage and hour" suits, involving how employees are classified, what they're required to do, and how and when they're required to do it. It's a business nightmare. The traditional mainstays of employment litigation include wrongful termination, discrimination in hiring and/or firing and sexual harassment. This has all become big business for plaintiffs' lawyers, and thus every business in America is a potential target. Have experienced counsel audit your employment practices and advise you if and where there are ticking time bombs.
To Continue Reading: Click Here
--------------------------------------------
Source: MSNBC
By: Patrick Fraioli (Entrepreneur)
Corporate Governance of Public Web Sites
The Securities and Exchange Commission's interpretive guidance released in August on the use of company Web sites for compliance with the disclosure requirements under the Securities Exchange Act of 1934 and the antifraud provisions of the securities laws highlights the need to include Web site review as part of a public company's corporate governance program.
This SEC Web site release is part of the SEC's continued efforts to promote the use of a company Web site as a disclosure vehicle for the dissemination of important information to investors. The release focuses on the SEC's existing position that provisions of the federal securities laws apply to information posted on or hyperlinked to the company's Web site. From a corporate governance perspective, as the corporate Web site and securities regulatory compliance become more intertwined, the Web site not only serves as a communications medium, but also as a compliance tool that has to be appropriately managed.
This article describes methods of effectively complying with the new SEC guidance related to company Web sites.
Generally, the system of reviewing and monitoring information posted on a company Web site should be part of the disclosure controls included in the enterprise-wide risk management system established by the company. In order to effectively manage the company's risks at the enterprise level, both the board of directors or a committee of the board and management should be involved in such a process. A specific member of the company's securities compliance team, for example, an in-house counsel or an internal auditor, should be in charge of reviewing and updating the content of the company Web site. This person should report to a committee of the board of directors, to which the responsibility of monitoring the company's securities compliance in general, including company Web site disclosures, was delegated by the board. In addition, if the company has established a disclosure committee, such committee should specifically discuss not only the company's SEC filings but also the company's Web site content as it is related to the company's compliance with the federal securities laws.
To Continue Reading: Click Here
-----------------------------------------
Source: law.com
By: Jane K. Storero and Yelena Barychev
This SEC Web site release is part of the SEC's continued efforts to promote the use of a company Web site as a disclosure vehicle for the dissemination of important information to investors. The release focuses on the SEC's existing position that provisions of the federal securities laws apply to information posted on or hyperlinked to the company's Web site. From a corporate governance perspective, as the corporate Web site and securities regulatory compliance become more intertwined, the Web site not only serves as a communications medium, but also as a compliance tool that has to be appropriately managed.
This article describes methods of effectively complying with the new SEC guidance related to company Web sites.
Generally, the system of reviewing and monitoring information posted on a company Web site should be part of the disclosure controls included in the enterprise-wide risk management system established by the company. In order to effectively manage the company's risks at the enterprise level, both the board of directors or a committee of the board and management should be involved in such a process. A specific member of the company's securities compliance team, for example, an in-house counsel or an internal auditor, should be in charge of reviewing and updating the content of the company Web site. This person should report to a committee of the board of directors, to which the responsibility of monitoring the company's securities compliance in general, including company Web site disclosures, was delegated by the board. In addition, if the company has established a disclosure committee, such committee should specifically discuss not only the company's SEC filings but also the company's Web site content as it is related to the company's compliance with the federal securities laws.
To Continue Reading: Click Here
-----------------------------------------
Source: law.com
By: Jane K. Storero and Yelena Barychev
Storage encryption
Encrypting storage protects businesses from data losses on account of missing media.
The benefit of doing encryption at the storage layer is that all data access funnels down to storage and encrypting the same covers a lot of exposure all at once. Businesses have plenty of options to choose from—software-based encryption, switch-based encryption, drive- or library-based encryption, and dedicated appliances.
Organizations especially banks, telcos and to a lesser extent manufacturing companies in India, have started encrypting their tapes as a safe measure for all data that is in ‘in-transit’ to a storage facility.
In the last two years, there have been many instances of data loss in transit. In May 2007, Time Warner Inc. started encrypting all data saved to backup tapes after 40 tapes with personal information on about 600,000 current and former employees were lost in transit to a storage facility. Apparently, a shipping container that held the tapes was lost on March 22, 2007 during a routine shipment to an off-site facility by records management and storage firm Iron Mountain Inc.
On May 30 2008, the Bank of New York Mellon Corp. confirmed that a third-party vendor lost a box of unencrypted data storage tapes holding personal information of more than 4.5 million individuals during transport to an off-site facility.
No incidents of tapes being lost in transit have been reported in India, as our laws do not mandate public disclosure when a security breach potentially exposes unencrypted private data. However, some banks and ITES companies admitted that there have been some lapses in handling the tapes that leave their data centers, which have put them in a tight spot.
To Continue Reading: Click Here
-----------------------------------------
Source: expresscomputeronline.com
The benefit of doing encryption at the storage layer is that all data access funnels down to storage and encrypting the same covers a lot of exposure all at once. Businesses have plenty of options to choose from—software-based encryption, switch-based encryption, drive- or library-based encryption, and dedicated appliances.
Organizations especially banks, telcos and to a lesser extent manufacturing companies in India, have started encrypting their tapes as a safe measure for all data that is in ‘in-transit’ to a storage facility.
In the last two years, there have been many instances of data loss in transit. In May 2007, Time Warner Inc. started encrypting all data saved to backup tapes after 40 tapes with personal information on about 600,000 current and former employees were lost in transit to a storage facility. Apparently, a shipping container that held the tapes was lost on March 22, 2007 during a routine shipment to an off-site facility by records management and storage firm Iron Mountain Inc.
On May 30 2008, the Bank of New York Mellon Corp. confirmed that a third-party vendor lost a box of unencrypted data storage tapes holding personal information of more than 4.5 million individuals during transport to an off-site facility.
No incidents of tapes being lost in transit have been reported in India, as our laws do not mandate public disclosure when a security breach potentially exposes unencrypted private data. However, some banks and ITES companies admitted that there have been some lapses in handling the tapes that leave their data centers, which have put them in a tight spot.
To Continue Reading: Click Here
-----------------------------------------
Source: expresscomputeronline.com
Passware Software Exposes Private Data Indexed by Windows Search
Passware, Inc., the expert in cryptanalysis, introduces a new evidence discovery solution for Windows Vista, XP, and Server 2003. Passware Search Index Examiner makes all the data indexed by Windows Search instantly accessible to computer forensics and IT professionals. Search Index Examiner lists all the documents, emails, and spreadsheets, as well as providing creation and modification dates, author, recipients, summary content, and other information for each item. The only data it needs from the target computer is a Windows Search database.
A quick scan of a Windows Search Database can find documents relevant to a case, and even preview of files and items which have been deleted, deliberately or not.
It takes under 10 minutes to perform a full scan - extracting over 150,000 items. As an average personal computer stores far fewer items, a typical extraction is almost instant. The wizard interface makes the process easy as ABC.
“The Windows platform is not as secure as it might seem,” states Passware President Dmitry Sumin. “A single file from a computer is enough to expose all the documents and emails for all users on that particular PC. And it takes just a few minutes to get the job done. This is long-awaited news for computer forensics and IT professionals, but may raise privacy concerns.”
To Continue Reading: Click Here
-----------------------------------------
Source: enewschannels.com
A quick scan of a Windows Search Database can find documents relevant to a case, and even preview of files and items which have been deleted, deliberately or not.
It takes under 10 minutes to perform a full scan - extracting over 150,000 items. As an average personal computer stores far fewer items, a typical extraction is almost instant. The wizard interface makes the process easy as ABC.
“The Windows platform is not as secure as it might seem,” states Passware President Dmitry Sumin. “A single file from a computer is enough to expose all the documents and emails for all users on that particular PC. And it takes just a few minutes to get the job done. This is long-awaited news for computer forensics and IT professionals, but may raise privacy concerns.”
To Continue Reading: Click Here
-----------------------------------------
Source: enewschannels.com
Thursday, November 13, 2008
GPS Data Finding a Place in the Courtroom
Whether used as a key piece of evidence in a high profile murder case like Scott Peterson's in California, or simply used to contest a run-of-the-mill speeding ticket, global positioning devices are slowly making their presence felt in the courtroom.
Although there have been no reported cases thus far in Connecticut where GPS evidence has played a key role at trial or its admissibility has been challenged, experts say it is only a matter of time.
"I personally have not had a case yet where it's been utilized," said Judge Patrick J. Clifford, Connecticut's chief administrative judge for the criminal division. "As far as I know Connecticut hasn't dealt with it yet but it's an interesting issue that's certainly going to come to fruition sometime in the near future here."
With the growing popularity of GPS devices -- found in cars, cell phones and other hand-held devices such as BlackBerrys -- law enforcement officers have another powerful tool to track suspects. After all, reliable GPS data could put a suspect at a crime scene between, say 9:42 and 10:17 p.m. and reveal where he or she came from and went next.
"If that information is out there, police and prosecutors would want to try to obtain it," Clifford said.
To Continue Reading: Click Here
-----------------------------------------
Source: law.com
By: Christian Nolan
Although there have been no reported cases thus far in Connecticut where GPS evidence has played a key role at trial or its admissibility has been challenged, experts say it is only a matter of time.
"I personally have not had a case yet where it's been utilized," said Judge Patrick J. Clifford, Connecticut's chief administrative judge for the criminal division. "As far as I know Connecticut hasn't dealt with it yet but it's an interesting issue that's certainly going to come to fruition sometime in the near future here."
With the growing popularity of GPS devices -- found in cars, cell phones and other hand-held devices such as BlackBerrys -- law enforcement officers have another powerful tool to track suspects. After all, reliable GPS data could put a suspect at a crime scene between, say 9:42 and 10:17 p.m. and reveal where he or she came from and went next.
"If that information is out there, police and prosecutors would want to try to obtain it," Clifford said.
To Continue Reading: Click Here
-----------------------------------------
Source: law.com
By: Christian Nolan
Are Social Networking Sites Discoverable?
Peggy casually sits at her workstation writing in her "MyFazer" (a fictional name of a social networking site). She is reporting on the backyard party she attended over the weekend. She reminisces about the fun she had bouncing on a trampoline with the entire football team before it collapsed. She ponders: Could her resulting injuries be her "golden ticket" to escape from a mountain of debt? Could she now force her employer, INC, to give her a prime office on the first floor and a front-line parking space?
Shortly thereafter, Peggy files suit against the manufacturer of the trampoline. She also advises INC that she sustained a serious injury that dramatically inhibited her mobility and rendered her in need of a workplace "accommodation."
During discovery, counsel for the trampoline manufacturer demands production of any and all communications about or relating to the incident, including any responsive entries on Peggy's MyFazer page. Peggy's counsel refuses to supply the demanded information and seeks a protective order asserting that her journal entries were posted as a method of catharsis to help her cope with her injuries and were not intended as a communication. Her counsel argues that their production would violate Peggy's right to privacy.
Peggy's battle to keep her MyFazer page private did not end there. INC quickly became suspicious of her "injury" and began an internal investigation into her workstation Internet use, including reviewing her password-protected MyFazer page. Peggy did not realize that because she was using her INC computer to access her MyFazer page, INC was able to access the page.
To Continue Reading: Click Here
-----------------------------------------
Source: law.com
By: Ronald J. Levine and Susan L. Swatski-Lebson
Shortly thereafter, Peggy files suit against the manufacturer of the trampoline. She also advises INC that she sustained a serious injury that dramatically inhibited her mobility and rendered her in need of a workplace "accommodation."
During discovery, counsel for the trampoline manufacturer demands production of any and all communications about or relating to the incident, including any responsive entries on Peggy's MyFazer page. Peggy's counsel refuses to supply the demanded information and seeks a protective order asserting that her journal entries were posted as a method of catharsis to help her cope with her injuries and were not intended as a communication. Her counsel argues that their production would violate Peggy's right to privacy.
Peggy's battle to keep her MyFazer page private did not end there. INC quickly became suspicious of her "injury" and began an internal investigation into her workstation Internet use, including reviewing her password-protected MyFazer page. Peggy did not realize that because she was using her INC computer to access her MyFazer page, INC was able to access the page.
To Continue Reading: Click Here
-----------------------------------------
Source: law.com
By: Ronald J. Levine and Susan L. Swatski-Lebson
Barracuda Networks’ Report Finds Importance of Email Archiving Goes Beyond Compliance
Barracuda Networks’ Report Finds Importance of Email Archiving Goes Beyond Compliance
Barracuda Networks Inc., the worldwide leader in email and Web security appliances, released a new study that examines the adoption of message archiving solutions within a cross-section of organizations in North America. Collected from the responses of 200 IT professionals in North America, the survey found that an overwhelming majority, nearly 82 percent, view email archiving as “important” or “very important” for their organization. Further, more than two-thirds of respondents cited reasons other than compliance as their main consideration for implementing an email archiving solution.
Respondents cited reasons such as user access to archived email (21 percent), email retention is considered a best practice (15 percent) and providing access to old email when storage quotas are in effect (15 percent), as the most important reasons for archiving email.
“Email archiving is not just for organizations in heavily-regulated industries such as the financial, healthcare or government sectors,” said Stephen Pao, vice president of product management for Barracuda Networks. “Organizations from a range of vertical markets recognize that email archiving leads to a more efficient network from an IT standpoint as well as from the end user’s perspective.”
Email retention and e-discovery requirements
Nearly half (48 percent) of respondents indicated that they have been involved in a litigation request that required email as part of the discovery process, however, only 11 percent of respondents involved in a litigation request involving email had an archiving solution in place to assist with the discovery process.
More than one-third (33 percent) of respondents indicated that it took up to one month to produce email as part of an e-discovery request without the aid of an email archiving solution.
To Continue Reading: Click Here
-----------------------------------------
Source: businesswire.com
Barracuda Networks Inc., the worldwide leader in email and Web security appliances, released a new study that examines the adoption of message archiving solutions within a cross-section of organizations in North America. Collected from the responses of 200 IT professionals in North America, the survey found that an overwhelming majority, nearly 82 percent, view email archiving as “important” or “very important” for their organization. Further, more than two-thirds of respondents cited reasons other than compliance as their main consideration for implementing an email archiving solution.
Respondents cited reasons such as user access to archived email (21 percent), email retention is considered a best practice (15 percent) and providing access to old email when storage quotas are in effect (15 percent), as the most important reasons for archiving email.
“Email archiving is not just for organizations in heavily-regulated industries such as the financial, healthcare or government sectors,” said Stephen Pao, vice president of product management for Barracuda Networks. “Organizations from a range of vertical markets recognize that email archiving leads to a more efficient network from an IT standpoint as well as from the end user’s perspective.”
Email retention and e-discovery requirements
Nearly half (48 percent) of respondents indicated that they have been involved in a litigation request that required email as part of the discovery process, however, only 11 percent of respondents involved in a litigation request involving email had an archiving solution in place to assist with the discovery process.
More than one-third (33 percent) of respondents indicated that it took up to one month to produce email as part of an e-discovery request without the aid of an email archiving solution.
To Continue Reading: Click Here
-----------------------------------------
Source: businesswire.com
New regulations will soon swell IT workloads
The financial meltdown, fueled by a decade of exotic financing mechanisms that some say were designed to hide risk and pass it on to unwary buyers, will have a major impact on IT budgets, personnel, and reporting responsibilities. New regulations will put IT in the hot seat, much as the post-Enron Sarbanes-Oxley and other such rules did in the early 2000s as governments responded to that period's financial shenanigans.
"The country is clamoring for regulation. It's a popular mandate," says Josh Greenbaum, principal at Enterprise Applications Consulting. "It is not just about the collapse of the financial credit market. It is also the end of the road on deregulation across all industries." And it's IT that acts as the regulators' "beat cop," enforcing the rules through the technology systems they deploy and manage, he adds.
So, despite being battered by recession-linked cutbacks, IT will have to find a way to take on the heavy burden of new regulations expected to emerge from U.S. and other governments in 2009, analysts and industry executives agree.
Coming: A greater IT burden than Sarbanes-Oxley and the Patriot Act"The last two tsunamis to hit IT, the Patriot Act and Sarbanes-Oxley, required companies to know their customers and to know themselves and their [own] finances," says Larry Rafsky, CEO of Acquire Media, which distributes companies' financial news. "Now, the upcoming regulations will say, 'Know your customers' finances.'"
To Continue Reading: Click Here
-----------------------------------------
Source: tmcnet.com
"The country is clamoring for regulation. It's a popular mandate," says Josh Greenbaum, principal at Enterprise Applications Consulting. "It is not just about the collapse of the financial credit market. It is also the end of the road on deregulation across all industries." And it's IT that acts as the regulators' "beat cop," enforcing the rules through the technology systems they deploy and manage, he adds.
So, despite being battered by recession-linked cutbacks, IT will have to find a way to take on the heavy burden of new regulations expected to emerge from U.S. and other governments in 2009, analysts and industry executives agree.
Coming: A greater IT burden than Sarbanes-Oxley and the Patriot Act"The last two tsunamis to hit IT, the Patriot Act and Sarbanes-Oxley, required companies to know their customers and to know themselves and their [own] finances," says Larry Rafsky, CEO of Acquire Media, which distributes companies' financial news. "Now, the upcoming regulations will say, 'Know your customers' finances.'"
To Continue Reading: Click Here
-----------------------------------------
Source: tmcnet.com
Wednesday, November 12, 2008
eDiscovery and Data Loss Prevention (DLP) Market Poised to Grow to Over $2 Billion by 2012
A New Study by The Radicati Group, Inc. Shows an Increasing Demand for eDiscovery and DLP Solutions Coming From Organizations in Non-Regulated Industries
The latest study by The Radicati Group, Inc."eDiscovery and Data Loss Prevention Market 2008 - 2012" provides marketsize, four-year forecasts, and discusses legislative and technology issuesof the eDiscovery and DLP market. The study also provides an analysis ofthe leading market players.
eDiscovery and DLP are supervision solutions that help companies monitorand manage electronic data travelling over their corporate channels. Theyensure that all users adhere to internal communication rules, andgovernment policies. Most regulated companies have already deployed asupervision solution. The majority of growth in terms of new customers isnow coming from the non-regulated segment. Internal lawsuits and betterawareness of blanket regulations (such as the Sarbanes-Oxley Act), as wellas the recent amendments to the Federal Rules of Civil Procedure (FRCP) arebecoming strong drivers for the deployment of supervision solutions.
We estimate that the total market for eDiscovery and DLP solutions willgrow to over $2 billion by 2012.
To order a copy of the study, or for additional information about ourmarket research programs, please visit our web site athttp://www.radicati.com, or call Lauren Reardon at (650) 322-8059.
To Continue Reading: Click Here
-----------------------------------------
Source: ibtimes.com
The latest study by The Radicati Group, Inc."eDiscovery and Data Loss Prevention Market 2008 - 2012" provides marketsize, four-year forecasts, and discusses legislative and technology issuesof the eDiscovery and DLP market. The study also provides an analysis ofthe leading market players.
eDiscovery and DLP are supervision solutions that help companies monitorand manage electronic data travelling over their corporate channels. Theyensure that all users adhere to internal communication rules, andgovernment policies. Most regulated companies have already deployed asupervision solution. The majority of growth in terms of new customers isnow coming from the non-regulated segment. Internal lawsuits and betterawareness of blanket regulations (such as the Sarbanes-Oxley Act), as wellas the recent amendments to the Federal Rules of Civil Procedure (FRCP) arebecoming strong drivers for the deployment of supervision solutions.
We estimate that the total market for eDiscovery and DLP solutions willgrow to over $2 billion by 2012.
To order a copy of the study, or for additional information about ourmarket research programs, please visit our web site athttp://www.radicati.com, or call Lauren Reardon at (650) 322-8059.
To Continue Reading: Click Here
-----------------------------------------
Source: ibtimes.com
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