A federal judge in Los Angeles has refused to seal a wrongful termination lawsuit filed by Dimitrios Biller, a former in-house attorney for Toyota Motor Sales USA Inc. Biller claims Toyota hid and destroyed evidence in many rollover lawsuits. While Toyota argues the suit violates the confidentiality agreement in Biller’s severance package and will cause the company to suffer more harm if the complaint is not sealed, the judge ruled it would be pointless to seal the complaint since information regarding the lawsuit is already on the Internet. Biller has also filed a wrongful termination suit against the Los Angeles district attorney’s office, where he worked after Toyota, claiming his termination here violated the American’s With Disabilities Act because of diagnosed dyslexia and mental conditions. Though Toyota was not part of this lawsuit, they have been attempting to seal documents from this case as well, claiming Biller divulged confidential information about the automaker that is protected by attorney-client privilege.
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Source: injuryboard.com
Wednesday, September 30, 2009
New Hires to Monitor Outbound E-Mail
The economy has employers extra jittery about company secrets getting out, so nervous that they're hiring staff just to monitor outbound e-mails.
That's the conclusion of a recent study by Proofpoint, an Internet security and data loss prevention company, which found that 38 percent of large U.S. employers are monitoring outbound e-mail to prevent data leaks, up from 29 percent in 2008.
And it's not just inappropriate use of e-mail that has employers scrutinizing employees. Social networking sites like Twitter and Facebook are also compounding data leak fears, companies reported, with 8 percent saying they had fired an employee for misuse of social networks in the past 12 months. Another 17 percent had disciplined an employee for violating blog or message board policies, up from 11 percent the year before.
No surprise, say some employment attorneys, noting the ease with which employees can swipe confidential information or taint a company's image has Corporate America on edge. "It's almost impossible to keep up with what might be walking out of the door or sliding out the door," said Anthony Oncidi, chairman of the labor and employment department in the Los Angeles office of New York-based Proskauer Rose.
Oncidi said that employers are smart to have an ongoing monitoring program that includes reading or analyzing e-mails. That makes it much easier to spot suspicious behavior, he said. Plus, if trade secrets are stolen, the monitoring records will give the lawyers the evidence they need to bring a lawsuit. The Proofpoint study was based on the responses of 220 e-mail decision-makers at U.S. companies with more than 1,000 workers. It was conducted via the Internet in June.
Among the study's other findings:
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Source: law.com
By: Tresa Baldas
That's the conclusion of a recent study by Proofpoint, an Internet security and data loss prevention company, which found that 38 percent of large U.S. employers are monitoring outbound e-mail to prevent data leaks, up from 29 percent in 2008.
And it's not just inappropriate use of e-mail that has employers scrutinizing employees. Social networking sites like Twitter and Facebook are also compounding data leak fears, companies reported, with 8 percent saying they had fired an employee for misuse of social networks in the past 12 months. Another 17 percent had disciplined an employee for violating blog or message board policies, up from 11 percent the year before.
No surprise, say some employment attorneys, noting the ease with which employees can swipe confidential information or taint a company's image has Corporate America on edge. "It's almost impossible to keep up with what might be walking out of the door or sliding out the door," said Anthony Oncidi, chairman of the labor and employment department in the Los Angeles office of New York-based Proskauer Rose.
Oncidi said that employers are smart to have an ongoing monitoring program that includes reading or analyzing e-mails. That makes it much easier to spot suspicious behavior, he said. Plus, if trade secrets are stolen, the monitoring records will give the lawyers the evidence they need to bring a lawsuit. The Proofpoint study was based on the responses of 220 e-mail decision-makers at U.S. companies with more than 1,000 workers. It was conducted via the Internet in June.
Among the study's other findings:
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Source: law.com
By: Tresa Baldas
Getting Started With E-Discovery
When implemented correctly, the best e-discovery systems can save a pile of cash and time, and can become real productivity boosters.
The news is filled with reports about companies buried in legal fees as a result of the presence or absence of a key document. The process of using various automated systems to track documents is called electronic discovery, and many e-discovery solutions are available—often with six-figure implementations attached. Unfortunately, only a small number of companies have implemented such systems fully.
A blog post by Forrester analyst Brian Hill says, “Few companies report having a holistic approach to e-discovery. Just 23 percent have an end-to-end approach to gather and filter data.”
So what’s the best way to get started before that big suit hits, and what can you implement quickly that will be a good foundation?
Curtis Rawlings, assistant CIO of DeKalb County, Ga., is using Symantec’s Enterprise Vault Discovery Accelerator and calculates that the county has saved more than $75,000 annually as a result. “The county receives about four requests a month for various records, and, in the past, each one used to take an average of 33 hours of staff time to do the research and respond because many e-mails were only available on backup tapes,” he says. “Now, a request can be filled in an hour, as a result of having all the various e-mails and files cataloged and organized by the software and online.”
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Source: baselinemag.com
By: David Strom
The news is filled with reports about companies buried in legal fees as a result of the presence or absence of a key document. The process of using various automated systems to track documents is called electronic discovery, and many e-discovery solutions are available—often with six-figure implementations attached. Unfortunately, only a small number of companies have implemented such systems fully.
A blog post by Forrester analyst Brian Hill says, “Few companies report having a holistic approach to e-discovery. Just 23 percent have an end-to-end approach to gather and filter data.”
So what’s the best way to get started before that big suit hits, and what can you implement quickly that will be a good foundation?
Curtis Rawlings, assistant CIO of DeKalb County, Ga., is using Symantec’s Enterprise Vault Discovery Accelerator and calculates that the county has saved more than $75,000 annually as a result. “The county receives about four requests a month for various records, and, in the past, each one used to take an average of 33 hours of staff time to do the research and respond because many e-mails were only available on backup tapes,” he says. “Now, a request can be filled in an hour, as a result of having all the various e-mails and files cataloged and organized by the software and online.”
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Source: baselinemag.com
By: David Strom
Delaware Home to First Technology Inn of Court
Delaware has a new Inn of Court that aims to help judges, attorneys and law students stay abreast of constantly changing technology and the effect it has on the practice of law, especially in the area of electronic discovery.
The Richard K. Herrmann Technology Inn of Court is the first of its kind in the country and bears the name of a partner in the intellectual property group of Morris James in Wilmington who teaches electronic discovery for the National Judicial College and Widener University School of Law. He is also the director of Widener's Corporate Counsel Technology Institute.
The idea began with Kevin F. Brady, a co-chairman of the business law group at Connolly Bove Lodge & Hutz and the chairman of its information security, electronic discovery and records management group. He approached Richard Herrmann and suggested they found a technology inn.
The inn held it first meeting Sept. 14, attended by about 45 members, including judges, law professors, lawyers from major Delaware firms and corporations and law students. It is expected to meet monthly.
Retired Brig. Gen. David P. Carey, the executive director of the American Inns of Court, was on hand to welcome the membership, according to Justice Randy J. Holland of the Delaware Supreme Court.
Holland, who was the president of the board of trustees of the national organization for four years beginning in 2000, has been heavily involved in the Inns of Court movement and helped establish Delaware's latest inn.
To Continue Reading: Click Here--------------------------------------------
Source: law.com
By: Elizabeth Burnett
City Hall continues to search for deleted e-mails
Members of Mayor Thomas M. Menino’s administration met yesterday with the supervisor of public records for Secretary of State William F. Galvin and said they are continuing to look for e-mails that had been deleted by Menino’s policy chief and key political strategist, state officials said.
In an interview after the meeting, Galvin said that his office will continue to monitor the city’s effort and that he expects the city to produce more of mayoral aide Michael J. Kineavy’s electronic correspondence.
“I believe they’re cooperating, but we’re still waiting on some things,’’ Galvin said.
Galvin’s office had ordered the city to seize Kineavy’s hard drive and hire a computer forensics specialist to find the e-mails after the Globe reported two weeks ago that Kineavy routinely deleted e-mails in such a way that they were not saved on city backup servers. The report appeared after the newspaper requested six months’ worth of Kineavy’s e-mails, and city officials produced only 18 such messages.
State public records law requires municipal employees to save e-mail for at least two years, even when it has “no informational or evidential value.’’ Violations can result in fines up to $500 or prison sentences of up to one year.
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Source: boston.com
By: Donovan Slack
In an interview after the meeting, Galvin said that his office will continue to monitor the city’s effort and that he expects the city to produce more of mayoral aide Michael J. Kineavy’s electronic correspondence.
“I believe they’re cooperating, but we’re still waiting on some things,’’ Galvin said.
Galvin’s office had ordered the city to seize Kineavy’s hard drive and hire a computer forensics specialist to find the e-mails after the Globe reported two weeks ago that Kineavy routinely deleted e-mails in such a way that they were not saved on city backup servers. The report appeared after the newspaper requested six months’ worth of Kineavy’s e-mails, and city officials produced only 18 such messages.
State public records law requires municipal employees to save e-mail for at least two years, even when it has “no informational or evidential value.’’ Violations can result in fines up to $500 or prison sentences of up to one year.
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Source: boston.com
By: Donovan Slack
Tuesday, September 29, 2009
Shedding Light on Backup Tape E-Discovery
Before the advent of electronic discovery, a grandfather, father, son backup tape rotation policy was probably a good idea. Tapes were an inexpensive means of insurance against the inadvertent deletion of data. Electronic discovery has driven the cost of that insurance into the stratosphere. What can organizations do to address the problem?
The rise of electronic discovery has shed light into areas of IT back office operations previously known only to system and network administrators. The practice of making backup copies of computer data is a well-established practice that protects against the loss of data should computer hard drives fail -- an inevitable event.
Traditionally, these backups have been made to tape media, as that represents the best balance between cost and efficiency to achieve the objective of copying large quantities of data to the backup media in a reasonable amount of time. Backups usually occur after hours, because files in use by users are generally locked and will not be copied to the backup media. A backup represents a snapshot of the computer at the time the backup was made.
Original Intent of Backups -- Disaster Recovery
Backup tapes are best suited for disaster recovery. Under that scenario, an organization will keep the most recent two or three backups of its computers because if the hard drive crashes, the goal is to restore the most recent available data. Assuming a complete backup in a single backup cycle, if the first backup is bad -- due to a tape failure, for example -- the next good backup is utilized. After the third or fourth backup, the tapes are recycled or otherwise reused or replaced.
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Source: newsfactor.com
By: W. Lawrence Wescott
eDiscovering a New Age?
ON JULY 30, a quiet but potentially revolutionary step for the legal process in Singapore took place when Registrar Foo Chee Hock signed off the rather mundane-sounding Practice Direction No 3 of 2009.
A Practice Direction is exactly what it sounds like: instructions from the courts on how to carry out a particular aspect of litigation.
The title of the Practice Direction, which comes into effect tomorrow, is 'Discovery and Inspection of Electronically Stored Documents'. The process it describes is more commonly known as electronic discovery (eDiscovery).
What is eDiscovery and who uses it? Discovery, in a nutshell, is the process by which lawyers involved in a dispute review the information available to them and then disclose the relevant bits to their opponents. Unfortunately, for clients, junior associates and the Earth's environment respectively, this is an expensive, dull and paper-intensive process.
It is not uncommon to hear remarks about 'the number of trees we're killing' around the offices of firms involved in litigation.
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Source: businesstimes.com.sg
A Practice Direction is exactly what it sounds like: instructions from the courts on how to carry out a particular aspect of litigation.
The title of the Practice Direction, which comes into effect tomorrow, is 'Discovery and Inspection of Electronically Stored Documents'. The process it describes is more commonly known as electronic discovery (eDiscovery).
What is eDiscovery and who uses it? Discovery, in a nutshell, is the process by which lawyers involved in a dispute review the information available to them and then disclose the relevant bits to their opponents. Unfortunately, for clients, junior associates and the Earth's environment respectively, this is an expensive, dull and paper-intensive process.
It is not uncommon to hear remarks about 'the number of trees we're killing' around the offices of firms involved in litigation.
To Continue Reading: Click Here
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Source: businesstimes.com.sg
The Imperative for Record-Keeping Principles
Implementing comprehensive record-keeping principles requires a cooperative effort among the key players, all of whom typically have record-keeping responsibilities. To compound the challenge, each area tends to look at record-keeping through its own operational lens. Without a common set of principles, there are conflicting approaches.
Recognizing last fall that the recent economic meltdown would provoke a rush to legislation and additional regulatory oversight -- and that recordkeeping is a major component of all operational and oversight functions -- ARMA International seized the opportunity to work with legislators and other stakeholders to ensure that proven recordkeeping best practices will be incorporated in the legislation.
It is an urgent mission to prevent a scenario similar to the adverse effect of the Sarbanes-Oxley Act of 2002, which was hastily crafted in response to several cases of financial recordkeeping irregularities, including the Enron/Arthur Andersen debacle, has had on the business community. While well-intentioned, Sarbanes-Oxley's lack of clear guidance and ways to measure compliance has forced organizations to spend billions of dollars in an attempt to comply with its vague reporting and recordkeeping requirements.
Single, Authoritative Source for Recordkeeping Principles
To Continue Reading: Click Here
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Source: cio-today.com
By: Fred Pulzello
Recognizing last fall that the recent economic meltdown would provoke a rush to legislation and additional regulatory oversight -- and that recordkeeping is a major component of all operational and oversight functions -- ARMA International seized the opportunity to work with legislators and other stakeholders to ensure that proven recordkeeping best practices will be incorporated in the legislation.
It is an urgent mission to prevent a scenario similar to the adverse effect of the Sarbanes-Oxley Act of 2002, which was hastily crafted in response to several cases of financial recordkeeping irregularities, including the Enron/Arthur Andersen debacle, has had on the business community. While well-intentioned, Sarbanes-Oxley's lack of clear guidance and ways to measure compliance has forced organizations to spend billions of dollars in an attempt to comply with its vague reporting and recordkeeping requirements.
Single, Authoritative Source for Recordkeeping Principles
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Source: cio-today.com
By: Fred Pulzello
Is Twitter Grounds for Trademark Infringement?
Companies trying to get a handle on how to most effectively use the social networking site Twitter could run into a bit of a problem. There may be someone out there already pretending to be them.
Stories about stolen identities on Twitter have hit the news in recent months, mainly dealing with people impersonating famous people. But earlier this month, the discussion entered the business world when Oklahoma-based natural gas distributor Oneok filed a lawsuit in Tulsa federal court against Twitter alleging trademark infringement. The company claimed that Twitter wrongly allowed an anonymous user to post the company's logo on a profile that was named "Oneok_i." The user also posted some information about the company, Oneok officials said.
Oneok withdrew the lawsuit a day after it was filed, and Twitter has disabled the account. Oneok has its own official account on Twitter that includes the company's logo.
"This lawsuit could be the beginning of many others," said Curtis Krechevsky, a Hartford-based partner of Cantor Colburn who specializes in trademark and copyright matters but was not involved in the Oneok case. "Any service that allows you to create a personalized area of content, the same issues are going to come up."
That could mean allegations of trademark infringement, unfair competition and issues involving consumer protection and fraud. And with an estimated 37 million Twitter users worldwide, there seems to be ample opportunity for mischief.
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Source: law.com
By: Douglas S. Malan
Stories about stolen identities on Twitter have hit the news in recent months, mainly dealing with people impersonating famous people. But earlier this month, the discussion entered the business world when Oklahoma-based natural gas distributor Oneok filed a lawsuit in Tulsa federal court against Twitter alleging trademark infringement. The company claimed that Twitter wrongly allowed an anonymous user to post the company's logo on a profile that was named "Oneok_i." The user also posted some information about the company, Oneok officials said.
Oneok withdrew the lawsuit a day after it was filed, and Twitter has disabled the account. Oneok has its own official account on Twitter that includes the company's logo.
"This lawsuit could be the beginning of many others," said Curtis Krechevsky, a Hartford-based partner of Cantor Colburn who specializes in trademark and copyright matters but was not involved in the Oneok case. "Any service that allows you to create a personalized area of content, the same issues are going to come up."
That could mean allegations of trademark infringement, unfair competition and issues involving consumer protection and fraud. And with an estimated 37 million Twitter users worldwide, there seems to be ample opportunity for mischief.
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Source: law.com
By: Douglas S. Malan
Electronic records twice as likely to be unmanaged vs paper records
Electronic records are twice as likely to be unmanaged compared to paper records, according to industry researcher AIIM, with 26% of organisations admitting that no records management disciplines are applied to the majority of their electronic records.
AIIM also found that only 56% of organisations have a procedure for placing a freeze on electronic records in the event of pending litigation, compared to 71% for paper records. In addition, IT staff rather than records management staff are expected to carry out records management processes on electronic documents and emails.
Based on over 700 responses, the AIIM research report entitled “Electronic Records Management - still playing catch-up with paper” shows that the volume of paper records is still increasing in over half of organisations, but in 21% it is finally showing signs of going down. Meanwhile, 70% of respondents report that the volume of electronic records is increasing rapidly, with none reporting a decrease. Over half of the respondents now scan newly received paper items and file them electronically. On the other hand, as well as directly filing incoming paper documents, 40% admit that they print newly generated electronic documents and emails for the purpose of filing them as paper records.
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Source: publictechnology.net
AIIM also found that only 56% of organisations have a procedure for placing a freeze on electronic records in the event of pending litigation, compared to 71% for paper records. In addition, IT staff rather than records management staff are expected to carry out records management processes on electronic documents and emails.
Based on over 700 responses, the AIIM research report entitled “Electronic Records Management - still playing catch-up with paper” shows that the volume of paper records is still increasing in over half of organisations, but in 21% it is finally showing signs of going down. Meanwhile, 70% of respondents report that the volume of electronic records is increasing rapidly, with none reporting a decrease. Over half of the respondents now scan newly received paper items and file them electronically. On the other hand, as well as directly filing incoming paper documents, 40% admit that they print newly generated electronic documents and emails for the purpose of filing them as paper records.
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Source: publictechnology.net
Monday, September 28, 2009
Conferences Go Virtual - And Have eDiscovery Implications
“Virtually attending” a conference is increasingly popular, enabled by both official and unofficial social media and video “feeds”. We experienced this first-hand at the recent International Legal Technology Association (ILTA) annual conference. We report here on our experience and on the potential e-discovery implications.
ILTA hosted its first Virtual Exhibit Hall with roundtable discussions, and its first live streaming video interviews over ILTA TV. In addition, many individual attendees thumbed “tweets” on Blackberries, iPhones, and other smart gadgets, or shared their latest “pics” and “vids” from an inspiring keynote address, educational session, or other conference related event. Participation at a distance was easy via Twitter, Facebook, LinkedIn, and video feeds, including a complete video walk-through of the exhibit hall posted on YouTube by “Twitterer” Ed Valio, who also put together a nice picture album of the event.
Most of the online traffic reported presentation highlights. By many accounts, knowledge management expert and Above and Beyond KM blogger V Mary Abraham provided the best real time Twitter feed at @VMaryAbraham. Others chose the more “traditional” blogging route; for example, Integreon’s Ron Friedmann posted some detailed reports at session-end: e.g., Technologies that Will Disrupt Traditional Legal Practice (ILTA 2009). Some online traffic, however, was more “local”: Monica Bay of Law Technology News, for example, Tweeted that “everything Babs sez about the nachos is true,” commenting on advice from Integreon’s Babs Deacon. For transcripts of all the Twitter traffic that either mentioned “ILTA” or “ILTA09″, you can take a look at JD Supra’s Law Practice News Facebook page, which aggregated such Tweets on a daily basis during the conference.
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Source: Integreon Blog
By: Ron Friedmann and Eric Feistel
ILTA hosted its first Virtual Exhibit Hall with roundtable discussions, and its first live streaming video interviews over ILTA TV. In addition, many individual attendees thumbed “tweets” on Blackberries, iPhones, and other smart gadgets, or shared their latest “pics” and “vids” from an inspiring keynote address, educational session, or other conference related event. Participation at a distance was easy via Twitter, Facebook, LinkedIn, and video feeds, including a complete video walk-through of the exhibit hall posted on YouTube by “Twitterer” Ed Valio, who also put together a nice picture album of the event.
Most of the online traffic reported presentation highlights. By many accounts, knowledge management expert and Above and Beyond KM blogger V Mary Abraham provided the best real time Twitter feed at @VMaryAbraham. Others chose the more “traditional” blogging route; for example, Integreon’s Ron Friedmann posted some detailed reports at session-end: e.g., Technologies that Will Disrupt Traditional Legal Practice (ILTA 2009). Some online traffic, however, was more “local”: Monica Bay of Law Technology News, for example, Tweeted that “everything Babs sez about the nachos is true,” commenting on advice from Integreon’s Babs Deacon. For transcripts of all the Twitter traffic that either mentioned “ILTA” or “ILTA09″, you can take a look at JD Supra’s Law Practice News Facebook page, which aggregated such Tweets on a daily basis during the conference.
To Continue Reading: Click Here
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Source: Integreon Blog
By: Ron Friedmann and Eric Feistel
E-Discovery: It’s Not Just For Lawyers Anymore
Document classification and analysis are key to litigation preparedness.
In courtroom parlance, “discovery” carries a specific meaning. This is the pretrial phase of civil litigation where each side can demand evidence relevant to the case. As any business involved in a lawsuit knows painfully well, this is when witnesses are interrogated, legal motions are made, depositions are given, and subpoenas are served. It isn’t much fun.
Initially e-Discovery was little more than a whisper (or perhaps a shudder) of little concern outside the legal department. However, an awareness of the importance (and risks) of electronic documents has spread down to records managers and up to corporate offices. The notion that all paper documents in a company might become evidence in a trial was daunting enough. Extending the liability posed by all things electronic — yes, including and often especially emails — has given records departments increased stature and legal departments more to worry about.
The far-reaching arms of the law now extend to electronic records. Hence, e-Discovery has become a critical part of civil litigation. In fact, the Federal Rules of Civil Procedure (FRCP) has been amended to address “electronically stored information” as a specific category of discoverable information.
For records managers, fear is a great motivator, and many have seen their budgets increased so that they might invest in tools for better management of electronic data. According to Gartner/Dataquest, spending on electronic discovery software is forecast to continue growing at an average rate of over 29% annually through 2012.
In addition to software specifically marketed as “e-Discovery,” a host of traditional content management, search, and classification tools are adding functionality to address the need for electronic records management. These capabilities are being offered expressly to prepare for finding (or in many cases to ensure not finding) records in the event of litigation.
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Source: isminfo.com
By: Dan Bolita
City releases 5,018 ‘lost’ e-mails
Partial response to Galvin order on Menino aide’s messages;Some files relate to Wilkerson, Turner investigation
Boston city officials, after previously contending that they could find only 18 e-mails on the computer of one of Mayor Thomas M. Menino’s top aides, yesterday produced copies of more than 5,000 e-mails sent or received by the official, who had been double-deleting his correspondence for the last five years.
City officials also said they had found and transferred to the US attorney’s office a separate packet of Michael J. Kineavy’s e-mails, mostly fragments, as part of the city’s response to a federal subpoena in a corruption investigation of former state senator Dianne Wilkerson and current City Councilor Chuck Turner. A key witness in the pending probe has identified Kineavy as Wilkerson’s sole contact in the Menino administration in her alleged effort to secure a liquor license for a Roxbury nightclub.
The 5,018 e-mails released yesterday were culled from the accounts of other city employees who communicated electronically with Kineavy. They do not include any e-mails that Kineavy exchanged with people outside City Hall, even though the secretary of state had ordered the city to recover all of Kineavy’s e-mails. City officials said retrieving those messages would require scouring his hard drive and city backup tapes and could cost $250,000.
“The report we’re getting back is that this is extremely difficult and problematic,’’ said William Sinnott, the city’s chief lawyer. “ ‘Cost-prohibitive’ is also coming back.’’
To Continue Reading: Click Here--------------------------------------------
Source: boston.com
By: Boston Globe Staff
Friday, September 25, 2009
Yahoo! Let My E-Mail Go!
A voice came from on high and said unto me, "Go forth and harvest the clouds." Well, not a voce in excelsis exactly, but a court order directing I gather up parties' webmail.
The task seemed simple enough: The litigants would surrender their login credentials, and I'd collect and process their messages for relevance while segregating for privilege review.
Their data lived "in the cloud," and considering its celestial situation, I might have taken a cue from Ecclesiastes 11:4: "Whoever looks at the clouds shall not reap." So it was, I nearly got smote -- not by Yahweh but by Yahoo! Cloud computing refers to Web-based tools and resources that supplant local applications and storage. It's called "the cloud" because of the cloud-shaped icon used to signify the Internet in network schematics.
Cloud computing lets companies avoid capital expenditure for hardware and software. Instead, they scale up or down by renting "virtual machines" as needed, connecting to them via the Internet. Cloud computing also encompasses software as a service, where users "lease" programs via the Internet -- think Google Apps or Salesforce.com -- along with the much-touted Web 2.0 -- a catchall for Internet-enabled phenomena such as social networking, blogs, wikis, Twitter, YouTube and arguably any Web venture that survived the dot-com apocalypse.
Such cloud-based services aren't new -- my e-mail has been in the cloud for five years, and twice that for my calendar. But cloud computing is big news in today's economy as companies great and small seek savings by migrating data services to the ether. For the rest of us, accessing and searching our e-mail from anywhere, coupled with near-limitless free storage, makes webmail irresistible.
No surprise, then, that Yahoo Mail's estimated 260 million users make it the largest e-mail service in the world. Add Hotmail and Gmail, and we're talking half a billion webmail users!
The silver lining for e-discovery is that all those candid, probative revelations once the exclusive province of e-mail now flood social media such as FaceBook and Twitter. But cloud computing poses e-discovery challenges of near-Biblical proportions because it's harder to access, isolate and search electronically stored information without physical dominion over the data.
Moreover, repatriation of cloud content depends on the compatibility of cloud formats with local storage formats and tools, including the ability to preserve and produce relevant metadata.
Consider the unique way Gmail threads messages into conversations. How do you replicate that structure in the processing and presentation of electronically stored information?
You can say, "We don't care about structure"; but increasingly, the arrangement of information is vital to full comprehension of the information. Such meta-information is key to a witness' ability to identify and authenticate evidence, especially when it's culled from collaborative environments such as virtual deal rooms and Microsoft's popular SharePoint products.
To Continue Reading: Click Here
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Source: Law.com
By: Craig Ball
The task seemed simple enough: The litigants would surrender their login credentials, and I'd collect and process their messages for relevance while segregating for privilege review.
Their data lived "in the cloud," and considering its celestial situation, I might have taken a cue from Ecclesiastes 11:4: "Whoever looks at the clouds shall not reap." So it was, I nearly got smote -- not by Yahweh but by Yahoo! Cloud computing refers to Web-based tools and resources that supplant local applications and storage. It's called "the cloud" because of the cloud-shaped icon used to signify the Internet in network schematics.
Cloud computing lets companies avoid capital expenditure for hardware and software. Instead, they scale up or down by renting "virtual machines" as needed, connecting to them via the Internet. Cloud computing also encompasses software as a service, where users "lease" programs via the Internet -- think Google Apps or Salesforce.com -- along with the much-touted Web 2.0 -- a catchall for Internet-enabled phenomena such as social networking, blogs, wikis, Twitter, YouTube and arguably any Web venture that survived the dot-com apocalypse.
Such cloud-based services aren't new -- my e-mail has been in the cloud for five years, and twice that for my calendar. But cloud computing is big news in today's economy as companies great and small seek savings by migrating data services to the ether. For the rest of us, accessing and searching our e-mail from anywhere, coupled with near-limitless free storage, makes webmail irresistible.
No surprise, then, that Yahoo Mail's estimated 260 million users make it the largest e-mail service in the world. Add Hotmail and Gmail, and we're talking half a billion webmail users!
The silver lining for e-discovery is that all those candid, probative revelations once the exclusive province of e-mail now flood social media such as FaceBook and Twitter. But cloud computing poses e-discovery challenges of near-Biblical proportions because it's harder to access, isolate and search electronically stored information without physical dominion over the data.
Moreover, repatriation of cloud content depends on the compatibility of cloud formats with local storage formats and tools, including the ability to preserve and produce relevant metadata.
Consider the unique way Gmail threads messages into conversations. How do you replicate that structure in the processing and presentation of electronically stored information?
You can say, "We don't care about structure"; but increasingly, the arrangement of information is vital to full comprehension of the information. Such meta-information is key to a witness' ability to identify and authenticate evidence, especially when it's culled from collaborative environments such as virtual deal rooms and Microsoft's popular SharePoint products.
To Continue Reading: Click Here
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Source: Law.com
By: Craig Ball
Employers grappling with social network use
Social networking is on the rise, both on and off the job, leaving companies uncertain how to monitor their use by employees, reports new survey.
More than 50 percent of companies questioned said they have no policy to address the use of social networking by employees outside the workplace, according to a survey released Wednesday by the Society of Corporate Compliance and Ethics and the Health Care Compliance Association.
Typically, companies shy away from restricting an employee's actions off the job. But businesses are concerned about employees who use social networking and reveal private details or post inappropriate pictures that could embarrass the company.
Some organizations, such as the U.S. Marines, have already banned their recruits from using Facebook and Twitter. But the survey found that many businesses aren't sure what to do to restrict or monitor such usage.
Of the companies questioned in the survey, 34 percent said they have a general employee policy that addresses all online activity, including the use of social networking, both on and off the job. Only 10 percent said they have a policy specifically geared toward social networks.
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Source: news.cnet.com
By: Lance Whitney
More than 50 percent of companies questioned said they have no policy to address the use of social networking by employees outside the workplace, according to a survey released Wednesday by the Society of Corporate Compliance and Ethics and the Health Care Compliance Association.
Typically, companies shy away from restricting an employee's actions off the job. But businesses are concerned about employees who use social networking and reveal private details or post inappropriate pictures that could embarrass the company.
Some organizations, such as the U.S. Marines, have already banned their recruits from using Facebook and Twitter. But the survey found that many businesses aren't sure what to do to restrict or monitor such usage.
Of the companies questioned in the survey, 34 percent said they have a general employee policy that addresses all online activity, including the use of social networking, both on and off the job. Only 10 percent said they have a policy specifically geared toward social networks.
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Source: news.cnet.com
By: Lance Whitney
Hacker breaks into research study data
Social Security numbers of 163,000 women might have been taken as long as two years ago.
CHAPEL HILL A hacker has infiltrated a computer server housing the personal data of 236,000 women enrolled in a UNC Chapel Hill research study. Among the information exposed: the Social Security numbers of 163,000 participants.
The data is part of the Carolina Mammography Registry, a 14-year-old project that compiles and analyzes mammography data submitted by radiologists across North Carolina.
Though the intrusion was detected in late July, computer forensics experts say it might have happened two years ago, said Matthew Mauro, chairman of the UNC Department of Radiology.
UNC officials and a private computer forensic expert have spent two months investigating, but they still don't know who did the hacking, where the attack originated, or even whether data was downloaded.
"There's no direct evidence that any information has been removed," Mauro said. "But we can't say for sure."
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Source: charlotteobserver.com
By: Eric Ferreri
CHAPEL HILL A hacker has infiltrated a computer server housing the personal data of 236,000 women enrolled in a UNC Chapel Hill research study. Among the information exposed: the Social Security numbers of 163,000 participants.
The data is part of the Carolina Mammography Registry, a 14-year-old project that compiles and analyzes mammography data submitted by radiologists across North Carolina.
Though the intrusion was detected in late July, computer forensics experts say it might have happened two years ago, said Matthew Mauro, chairman of the UNC Department of Radiology.
UNC officials and a private computer forensic expert have spent two months investigating, but they still don't know who did the hacking, where the attack originated, or even whether data was downloaded.
"There's no direct evidence that any information has been removed," Mauro said. "But we can't say for sure."
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Source: charlotteobserver.com
By: Eric Ferreri
Thursday, September 24, 2009
Make your back-up and archiving fit for purpose
Distinctions between archive and back-up may blur but they remain vital components of any storage strategy.
On the face of it, there seems no reason why your archive data is not also your short-term back-up in case of emergency. Back-up and archive fulfil much the same purpose: storing data for later retrieval, if and when necessary.
Distinction between archive and back-up
Retrieval difficulties
Business process and legal compliance
Distinction between archive and back-up
But such a view would be to ignore the subtle complexities of differing requirements. Archives require fast, fine-grained access, perhaps to individual files or records, while usually a back-up is intended to restore entire tranches of business data after a disk error or business continuity event.
In simple terms, explains Simon Phillips, managing director at consultancy Phillips Taylor Brown: "Archiving is the storage of old data, commonly off-site or on a separate server, in an easily accessible, but not editable format. The purpose of archiving is most commonly for reasons of compliance or evidencing certain courses of action throughout the length of a project - hence its read-only format to protect data integrity."
Yet Phillips says the subtle usage differences between archive and back-up can cause confusion. "The uptake of archiving has only really been seen where there is a specific legal requirement, such as in public sector bodies. However, that said, it will probably only be approximately three years before archiving becomes a legal requirement across all business sizes, sectors and functions. The benefits in dispute settlement, both internal and external, and showing a chain of causation are too great to ignore," he says.
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Source: computerweekly.com
By: William Knight
On the face of it, there seems no reason why your archive data is not also your short-term back-up in case of emergency. Back-up and archive fulfil much the same purpose: storing data for later retrieval, if and when necessary.
Distinction between archive and back-up
Retrieval difficulties
Business process and legal compliance
Distinction between archive and back-up
But such a view would be to ignore the subtle complexities of differing requirements. Archives require fast, fine-grained access, perhaps to individual files or records, while usually a back-up is intended to restore entire tranches of business data after a disk error or business continuity event.
In simple terms, explains Simon Phillips, managing director at consultancy Phillips Taylor Brown: "Archiving is the storage of old data, commonly off-site or on a separate server, in an easily accessible, but not editable format. The purpose of archiving is most commonly for reasons of compliance or evidencing certain courses of action throughout the length of a project - hence its read-only format to protect data integrity."
Yet Phillips says the subtle usage differences between archive and back-up can cause confusion. "The uptake of archiving has only really been seen where there is a specific legal requirement, such as in public sector bodies. However, that said, it will probably only be approximately three years before archiving becomes a legal requirement across all business sizes, sectors and functions. The benefits in dispute settlement, both internal and external, and showing a chain of causation are too great to ignore," he says.
To Continue Reading: Click Here
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Source: computerweekly.com
By: William Knight
E-Records Management Cautionary Tales from the Trenches
Lora Bentley spoke with Marie-Charlotte Patterson, VP of marketing for AXS One. Patterson shared examples of the circumstances under which two companies have finally decided to take the next step in managing their electronic records. These were the "straws that broke the camel's back" for these companies, she says.
Bentley: I'm sure you've heard some records management nightmare stories. Are there any that particularly stand out in your mind, maybe some that could serve as cautionary tales for our readers?
Patterson: Given that they’ve been customers for some time, their volumes may seem small compared to what organizations are dealing with now.
Bentley: That's fine.Patterson: One is in financial services, so it's regulated, and its representatives told us their securities trading desk had stopped deleting e-mail altogether in an attempt to comply with SEC and NASD rules about electronic communication. This was a difficult “mea culpa” for the IT team to accept because it was struggling to keep its head above water. HR, internal audit, fraud prevention, information security, employee retention, legal and all kinds of other groups had been asking for access to e-mail with increasing frequency.
Bentley: OK
Patterson: At one point they literally destroyed a printer printing out more than 18 gigabytes of e-mail that was to be produced as evidence in a legal case. Shortly after they shipped the first 15 reams of paper to an outside law firm for review, the case settled. The first legal case really frightened them into thinking about what would happen if they got requests to produce e-mail like this on a regular basis.
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Source: itbusinessedge.com
By: Lora Bentley
Bentley: I'm sure you've heard some records management nightmare stories. Are there any that particularly stand out in your mind, maybe some that could serve as cautionary tales for our readers?
Patterson: Given that they’ve been customers for some time, their volumes may seem small compared to what organizations are dealing with now.
Bentley: That's fine.Patterson: One is in financial services, so it's regulated, and its representatives told us their securities trading desk had stopped deleting e-mail altogether in an attempt to comply with SEC and NASD rules about electronic communication. This was a difficult “mea culpa” for the IT team to accept because it was struggling to keep its head above water. HR, internal audit, fraud prevention, information security, employee retention, legal and all kinds of other groups had been asking for access to e-mail with increasing frequency.
Bentley: OK
Patterson: At one point they literally destroyed a printer printing out more than 18 gigabytes of e-mail that was to be produced as evidence in a legal case. Shortly after they shipped the first 15 reams of paper to an outside law firm for review, the case settled. The first legal case really frightened them into thinking about what would happen if they got requests to produce e-mail like this on a regular basis.
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Source: itbusinessedge.com
By: Lora Bentley
Federal, State Regs Push Email Server Archiving Adoption
Thanks to the increased reliance on email for communications, the adoption of email archiving services is growing. Largely driven by the sheer volume of email messages, businesses are expected to spend $860 million on email archiving software and services through 2009, according to research firm IDC (News - Alert) of Framingham, Mass.
Yet many business operators are unaware that they need to comply with a number of state and federal regulations when it comes to archiving those messages. For example, the Federal Regulations on Civil Procedures, or FRCP, which took effect in December 2006, require businesses involved in federal court cases to identify, preserve and collect electronically stored information.
More stringent controls and stronger penalties are forcing organizations to take a harder look at regulatory compliance issues. For instance, the Sarbanes-Oxley Act, or so-called “SOX” impacts industries and imposes strict penalties on firms that delete or alter documents with the defrauding of third parties.
U.S. businesses, particularly those in the financial and healthcare industries, are mandated by law to archive electronic communication. For example in the financial world, Securities and Exchange Commission and National Association of Securities Dealers mandate that organizations store email pertaining to trading activity for at least six years.
Similarly, in healthcare, organizations and doctors have to comply with the Health Insurance Portability Accountability Act, or “HIPPA” law, which oversees paper or electronic records that contain personal information and detail about a person’s medical history.
While the need is apparent for email compliance, challenges remain.
One obstacle is that many small and medium-sized businesses don’t have a dedicated legal department. And so the responsibility to search for and retrieve the necessary data often falls on the firm’s IT staff. What’s more, another prohibiting factor for some firms is the cost to implement an email archiving system.
To Continue Reading: Click Here
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Source: tmcnet.com
By: Amy Tierney
Yet many business operators are unaware that they need to comply with a number of state and federal regulations when it comes to archiving those messages. For example, the Federal Regulations on Civil Procedures, or FRCP, which took effect in December 2006, require businesses involved in federal court cases to identify, preserve and collect electronically stored information.
More stringent controls and stronger penalties are forcing organizations to take a harder look at regulatory compliance issues. For instance, the Sarbanes-Oxley Act, or so-called “SOX” impacts industries and imposes strict penalties on firms that delete or alter documents with the defrauding of third parties.
U.S. businesses, particularly those in the financial and healthcare industries, are mandated by law to archive electronic communication. For example in the financial world, Securities and Exchange Commission and National Association of Securities Dealers mandate that organizations store email pertaining to trading activity for at least six years.
Similarly, in healthcare, organizations and doctors have to comply with the Health Insurance Portability Accountability Act, or “HIPPA” law, which oversees paper or electronic records that contain personal information and detail about a person’s medical history.
While the need is apparent for email compliance, challenges remain.
One obstacle is that many small and medium-sized businesses don’t have a dedicated legal department. And so the responsibility to search for and retrieve the necessary data often falls on the firm’s IT staff. What’s more, another prohibiting factor for some firms is the cost to implement an email archiving system.
To Continue Reading: Click Here
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Source: tmcnet.com
By: Amy Tierney
Failure to Timely "Re-Assess its Procedures and Re-Check its Production" upon Notice of Inadvertent Production Results in Waiver of Later Identified
U.S. v. Sensient Colors, Inc., 2009 WL 2905474 (D.N.J. Sept. 9, 2009)
Defendant moved to compel the production of 214 inadvertently produced documents. Plaintiff objected, arguing that the parties’ discovery agreement precluded the waiver of privilege as to inadvertently produced documents. Noting courts’ general disapproval of “blanket” disclosure provisions and finding that the parties’ agreement did not in fact preclude waiver in all situations, the court analyzed the question of waiver pursuant to FRE 502. The court identified three categories of inadvertently produced documents based upon the timing of the notice of their inadvertent production to the plaintiff. The court found privilege was not waived as to the first category of documents (those brought to plaintiff’s attention the earliest). However, noting that plaintiff was on notice of the deficiencies of his process as a result of the first notification of inadvertent production, and that despite such notice plaintiff failed to “re-assess” its document production, the court found the privilege had been waived as to the remaining categories.
Plaintiff inadvertently produced a total of 214 privileged documents on six occasions between May 2008 and February 2009. Per the court, those productions fell into three groups: (1) documents identified by plaintiff on September 10, 2008, (2) documents identified by plaintiff’s November 21, 2008 letter, and (3) documents identified by plaintiff on June 25, 2009 or later.
Arguing against waiver, plaintiff claimed that the parties’ discovery plan operated to preclude waiver for inadvertently produced documents. The court disagreed, noting the absence of any specific clawback provision and the courts’ distaste for “blanket” disclosure provisions. Accordingly, analysis under FRE 502 was warranted.
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Source: ediscoverylaw.com
Defendant moved to compel the production of 214 inadvertently produced documents. Plaintiff objected, arguing that the parties’ discovery agreement precluded the waiver of privilege as to inadvertently produced documents. Noting courts’ general disapproval of “blanket” disclosure provisions and finding that the parties’ agreement did not in fact preclude waiver in all situations, the court analyzed the question of waiver pursuant to FRE 502. The court identified three categories of inadvertently produced documents based upon the timing of the notice of their inadvertent production to the plaintiff. The court found privilege was not waived as to the first category of documents (those brought to plaintiff’s attention the earliest). However, noting that plaintiff was on notice of the deficiencies of his process as a result of the first notification of inadvertent production, and that despite such notice plaintiff failed to “re-assess” its document production, the court found the privilege had been waived as to the remaining categories.
Plaintiff inadvertently produced a total of 214 privileged documents on six occasions between May 2008 and February 2009. Per the court, those productions fell into three groups: (1) documents identified by plaintiff on September 10, 2008, (2) documents identified by plaintiff’s November 21, 2008 letter, and (3) documents identified by plaintiff on June 25, 2009 or later.
Arguing against waiver, plaintiff claimed that the parties’ discovery plan operated to preclude waiver for inadvertently produced documents. The court disagreed, noting the absence of any specific clawback provision and the courts’ distaste for “blanket” disclosure provisions. Accordingly, analysis under FRE 502 was warranted.
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Source: ediscoverylaw.com
Social Networks and Personal Injury Suits
Social networking Web sites such as Facebook and MySpace have become an increasingly popular vehicle for people to communicate with friends and family, share their innermost thoughts, feelings and post personal photographs. These personal Web sites generate a plethora of personal data and may be an enticing source of information about an unwary plaintiff to adversarial e-wolves. It is no longer "think before you speak." Now it must be "think before you twitter." Certain sites allow open access by the public while others, such as Facebook, permit individuals to restrict access to their pages exclusively to their "friends" -- i.e., people who have their permission and are invited to view their information. However, there is no assurance of privacy even on the "invitation only" sites.
It is imperative to ask a client whether he or she participates in a social networking site. Plaintiffs in personal injury actions are generally made aware of defendants' use of traditional videotaped surveillance techniques and warned that they may be on "candid camera" when they leave their homes. The potential incursion into their privacy by unwanted "e-peepers" is becoming an ever-increasing issue. Clients must be strongly cautioned, as they would with respect to videotaped surveillance, that not only their public sites may be viewed by defendants but even their private restricted sites may be invaded. In this article, we consider some of the issues raised by the proliferation of the exchange of personal information over the Internet and the application of existing legal principles to control potential abuse by aggressive adversaries.
FACEBOOK 'FRIENDS'
Facebook is a prime example of a social networking site that restricts access to allows its users to share information only with "friends." The host of a Facebook page chooses what information is put into a profile, including contacts and personal information, pictures, interests and affiliations. More importantly, the user controls those with whom the information is shared through privacy settings. Contact must be made with the host and the viewer ("friend") must be invited to access the page. It is akin to an "e-living room."
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Source: law.com
By: Robert S. Kelner and Gail S. Kelner
It is imperative to ask a client whether he or she participates in a social networking site. Plaintiffs in personal injury actions are generally made aware of defendants' use of traditional videotaped surveillance techniques and warned that they may be on "candid camera" when they leave their homes. The potential incursion into their privacy by unwanted "e-peepers" is becoming an ever-increasing issue. Clients must be strongly cautioned, as they would with respect to videotaped surveillance, that not only their public sites may be viewed by defendants but even their private restricted sites may be invaded. In this article, we consider some of the issues raised by the proliferation of the exchange of personal information over the Internet and the application of existing legal principles to control potential abuse by aggressive adversaries.
FACEBOOK 'FRIENDS'
Facebook is a prime example of a social networking site that restricts access to allows its users to share information only with "friends." The host of a Facebook page chooses what information is put into a profile, including contacts and personal information, pictures, interests and affiliations. More importantly, the user controls those with whom the information is shared through privacy settings. Contact must be made with the host and the viewer ("friend") must be invited to access the page. It is akin to an "e-living room."
To Continue Reading: Click Here
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Source: law.com
By: Robert S. Kelner and Gail S. Kelner
Tip leads paper on circuitous e-mail hunt
It started with a tip: A senior member of Mayor Thomas M. Menino’s reelection campaign had been conducting bare-knuckled politicking on a City Hall e-mail account.
Government e-mails are, by law, public documents, meaning it sounded like an easy lead to track. It was anything but. The ensuing quest took four months, a half-dozen requests and letters, and the involvement of two lawyers - and ended with $2,773 in city charges. It also led to the city providing the full e-mail complement of just one employee and a few random e-mails of another.
The effort, with all its delays and costs, offers a glimpse of how difficult it can be in some cases to wrest public documents from Boston City Hall, despite a state law requiring their disclosure.
The first request was filed in April. The Globe wanted copies of 18 months’ worth of e-mails sent or received by eight employees referencing campaign activities or the mayor’s opponents. A month later the city said it would charge $2,200 to provide the material. After conferring with its lawyer, the newspaper narrowed its request to one employee, Michael J. Kineavy, Menino’s chief policy adviser and key political strategist. The search turned up only 23 e-mails, none in the right time period.
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Source: boston.com
By: Donovan Slack
Government e-mails are, by law, public documents, meaning it sounded like an easy lead to track. It was anything but. The ensuing quest took four months, a half-dozen requests and letters, and the involvement of two lawyers - and ended with $2,773 in city charges. It also led to the city providing the full e-mail complement of just one employee and a few random e-mails of another.
The effort, with all its delays and costs, offers a glimpse of how difficult it can be in some cases to wrest public documents from Boston City Hall, despite a state law requiring their disclosure.
The first request was filed in April. The Globe wanted copies of 18 months’ worth of e-mails sent or received by eight employees referencing campaign activities or the mayor’s opponents. A month later the city said it would charge $2,200 to provide the material. After conferring with its lawyer, the newspaper narrowed its request to one employee, Michael J. Kineavy, Menino’s chief policy adviser and key political strategist. The search turned up only 23 e-mails, none in the right time period.
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Source: boston.com
By: Donovan Slack
Rewards Trump Risks at Social Media Event
The theme of Monday's ALM program, "Social Media: Risks & Rewards" -- geared at corporate counsel -- was the question of whether the rewards of using new social networking technologies are greater than the risks of using these new tools.
Actually, there's a second layer of risk analysis: Are the hazards of not using social networking so great that you simply must dive in?
Based on conversations during the event, the overriding consensus of the panelists and attendees at the daylong event, held at New York City's Harvard Club, was that the risks are indeed very real, and that savvy companies must not only protect their intellectual property and brands -- but that there are opportunities to use these same tools to proactively promote their companies.
I moderated the first panel, which featured speakers from MasterCard Worldwide; CNN Worldwide; NBC Universal (are we noting a theme here re: global) and an of counsel lawyer to a small firm.
MasterCard's Cheryl Givner kicked off the discussion with a funny but spot-on example of how very, very risky it can be to ignore criticisms aired on social media, such as YouTube or Twitter. Canadian musician Dave Carroll (www.davecarroll.com), frustrated when United Airlines did not respond to his requests for reimbursement for damage to his Taylor guitar, took his complaint to YouTube -- not once, but twice.
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Source: law.com
By: Monica Bay
Actually, there's a second layer of risk analysis: Are the hazards of not using social networking so great that you simply must dive in?
Based on conversations during the event, the overriding consensus of the panelists and attendees at the daylong event, held at New York City's Harvard Club, was that the risks are indeed very real, and that savvy companies must not only protect their intellectual property and brands -- but that there are opportunities to use these same tools to proactively promote their companies.
I moderated the first panel, which featured speakers from MasterCard Worldwide; CNN Worldwide; NBC Universal (are we noting a theme here re: global) and an of counsel lawyer to a small firm.
MasterCard's Cheryl Givner kicked off the discussion with a funny but spot-on example of how very, very risky it can be to ignore criticisms aired on social media, such as YouTube or Twitter. Canadian musician Dave Carroll (www.davecarroll.com), frustrated when United Airlines did not respond to his requests for reimbursement for damage to his Taylor guitar, took his complaint to YouTube -- not once, but twice.
To Continue Reading: Click Here
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Source: law.com
By: Monica Bay
Wednesday, September 23, 2009
4 Dangerous Myths about Data Disposal, Debunked
How often and how thoroughly do you take out the data garbage? Many "gotchas" surround data disposal. Here's advice from two experts on how to avoid some big traps.
According to IDC, in 2008 the total amount of information created exceeded the total amount of usable space on every hard drive, tape, CD, DVD and solid state memory device ever created. At the same time, there's been an explosion of legal obligations for data, largely driven by expanded e-discovery requirements and the revisions to the Federal Rules of Civil Procedure.
Confusion about these legal obligations and a lack of communication between legal and IT have led companies down a path of "save everything." Indeed, even with data volumes increasing exponentially, 70 percent of companies still don't have a practice for disposing of information at the end of its life. As a result, data management and litigation costs are now totaling hundreds of millions and cost control is of critical importance.
There is a tremendous opportunity for companies to defensibly dispose of data and dramatically lower their data storage costs. In this article, we'll expose some of the myths that inhibit data disposal and challenge the organization to rethink how they deal with this issue.
Myth 1: We need to keep everything.
Fact: There is no legal obligation to keep all information.
Often times, IT is under the impression that they need to keep everything because "legal needs it." In fact, there is no legal obligation to keep every piece of information. Companies do have specific obligations to keep data that is relevant to their lawsuits and to keep specific records for various government agencies (data subject to lawsuits falls under legal hold, and records required by regulators are prescribed on retention schedules). But because many companies manage these processes through spreadsheets and emails, they lack the ability to effectively communicate to IT what data should be preserved. Companies that implement rigorous, integrated processes for legal holds and retention which link legal, IT, and the business can manage data more efficiently and break the cycle of over-retaining data.
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Source: cio.com
By: Tom Lahiff and Deidre Paknad
FRCP Changes on the Horizon
Big changes are coming to the Federal Rules of Civil Procedure on December 1, 2009. Rules 6, 12, 13, 14, 15, 23, 27, 32, 38, 48, 50, 52, 53, 54, 55, 56, 59, 62, 65, 68, 71.1, 72 and 81 have been amended. Rules 48 and 62.1 have been added. Rule 13(f) was abrogated. The majority of the amendments affect various timing requirements and change how some deadlines are calculated.
The most significant changes are to Rule 6. Currently under Rule 6, intermediate weekends and holidays for some short time periods are excluded when counting deadlines. The method used for calculating time periods varies depending on whether the time period in question is 10 days or fewer, or 11 days or more. For periods of 10 days or fewer, weekend days and legal holidays that occur during the period are not counted. For periods of 11 days or more, these intermediate weekend days and legal holidays are counted. This approach often results in inconsistencies and unnecessary complications and has made calculating time periods burdensome and complex. It also may encourage counsel to engage in "timing games" when filing motions so that a deadline will fall on a certain day. For example, as the Advisory Committee to the Federal Rules of Civil Procedure noted, while a 10-day period and a 14-day period that started on the same day usually ended on the same day, the 10-day period frequently ended later than the 14-day period. To end these inconsistencies, consistent and simple new rules have been drafted.
The new Rule 6 adopts the "days-are-days" approach. When calculating a deadline, every day is counted, including intermediate weekends and holidays, for all time periods.
In addition to changing to the "days-are-days" approach, the new Rule 6 provides for counting periods stated in hours. Similar to the "days-are-days" approach, under the hours counting rule, "hours-are-hours." Where a court order, statute or local rule states a deadline in hours, the deadline calculation begins immediately, and every hour is counted, including intermediate weekend and holiday hours. New Rule 6 also creates a rule related to electronic filing and the accessibility of the clerk of court's office. While the rule does not define inaccessibility, where the clerk's office is inaccessible on the last day for filing, the time for filing is extended to the first accessible day. New Rule 6 defines that the "last day" ends, for electronic filing, at midnight in the court's time zone; and for filing by other means when the clerk's office is scheduled to close. This new aspect of Rule 6 clarifies ambiguity that existed regarding the deadlines for filing papers electronically.
To Continue Reading: Click Here
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Source: law.com
By: Elizabeth A. Zidones
The most significant changes are to Rule 6. Currently under Rule 6, intermediate weekends and holidays for some short time periods are excluded when counting deadlines. The method used for calculating time periods varies depending on whether the time period in question is 10 days or fewer, or 11 days or more. For periods of 10 days or fewer, weekend days and legal holidays that occur during the period are not counted. For periods of 11 days or more, these intermediate weekend days and legal holidays are counted. This approach often results in inconsistencies and unnecessary complications and has made calculating time periods burdensome and complex. It also may encourage counsel to engage in "timing games" when filing motions so that a deadline will fall on a certain day. For example, as the Advisory Committee to the Federal Rules of Civil Procedure noted, while a 10-day period and a 14-day period that started on the same day usually ended on the same day, the 10-day period frequently ended later than the 14-day period. To end these inconsistencies, consistent and simple new rules have been drafted.
The new Rule 6 adopts the "days-are-days" approach. When calculating a deadline, every day is counted, including intermediate weekends and holidays, for all time periods.
In addition to changing to the "days-are-days" approach, the new Rule 6 provides for counting periods stated in hours. Similar to the "days-are-days" approach, under the hours counting rule, "hours-are-hours." Where a court order, statute or local rule states a deadline in hours, the deadline calculation begins immediately, and every hour is counted, including intermediate weekend and holiday hours. New Rule 6 also creates a rule related to electronic filing and the accessibility of the clerk of court's office. While the rule does not define inaccessibility, where the clerk's office is inaccessible on the last day for filing, the time for filing is extended to the first accessible day. New Rule 6 defines that the "last day" ends, for electronic filing, at midnight in the court's time zone; and for filing by other means when the clerk's office is scheduled to close. This new aspect of Rule 6 clarifies ambiguity that existed regarding the deadlines for filing papers electronically.
To Continue Reading: Click Here
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Source: law.com
By: Elizabeth A. Zidones
Basic e-discovery practices are being avoided, study finds
Electronic records still aren’t taken as seriously as paper-based records in most organizations, with many firms failing to grasp basic electronic records management concepts, according to a new AIIM report.
The non-profit association, which provides research and best practices targeted to enterprise content management users and vendors, found that electronic records were twice as likely to be unmanaged compared to paper records among survey respondents, with 26 per cent of companies indicating that no records management policies were applied to the bulk of their electronic data.
AIIM surveyed 768 of its global members, which include record management, IT and project management staff, across organizations of all sizes. The study was conducted independently, but sponsored by Autonomy Corp., EMC Corp., FCS Information Governance LLC, Hewlett-Packard Co., Mimosa Systems Inc. and StoredIQ Inc.
To Continue Reading: Click Here
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Source: itworldcanada.com
By: Rafael Ruffolo
The non-profit association, which provides research and best practices targeted to enterprise content management users and vendors, found that electronic records were twice as likely to be unmanaged compared to paper records among survey respondents, with 26 per cent of companies indicating that no records management policies were applied to the bulk of their electronic data.
AIIM surveyed 768 of its global members, which include record management, IT and project management staff, across organizations of all sizes. The study was conducted independently, but sponsored by Autonomy Corp., EMC Corp., FCS Information Governance LLC, Hewlett-Packard Co., Mimosa Systems Inc. and StoredIQ Inc.
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Source: itworldcanada.com
By: Rafael Ruffolo
ICC releases latest Dossier of the ICC Institute of World Business Law
The FINANCIAL -- ICC has published the latest Dossier of the ICC Institute of World Business Law, Dossier VI - Written Evidence and Discovery in international Arbitration. The Dossier seeks to encourage reflection on future practice in relation to documentary evidence in international arbitration.
Documentary evidence is at the heart of the arbitral process. Arbitrators are increasingly confronted with new challenges, suc
h as requests for E-Discovery, as well as ever more frequent objections to confidentiality and privilege.
Document production may also confront arbitrators with difficult issues of fraud and forgery. Further, arbitral tribunals may have to decide which rules apply to issues such as the evidentiary value of documents or their admissibility. Covering issues such as document disclosure; evidentiary value of documents and burden of evidence; state courts and document production; adverse inferences and many more, this publication will be an invaluable source of information for anyone interested in international arbitration.
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Source: finchannel.com
Documentary evidence is at the heart of the arbitral process. Arbitrators are increasingly confronted with new challenges, suc
h as requests for E-Discovery, as well as ever more frequent objections to confidentiality and privilege.
Document production may also confront arbitrators with difficult issues of fraud and forgery. Further, arbitral tribunals may have to decide which rules apply to issues such as the evidentiary value of documents or their admissibility. Covering issues such as document disclosure; evidentiary value of documents and burden of evidence; state courts and document production; adverse inferences and many more, this publication will be an invaluable source of information for anyone interested in international arbitration.
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Source: finchannel.com
Women in eDiscovery and American Society of Digital Forensics & eDiscovery Host First Regional Event
Women in eDiscovery and The American Society of Digital Forensics & eDiscovery today announced that they will be hosting their first joint regional educational event at Cox Enterprises, Inc. on Tuesday, September 29, from 12:00 until 2:00 PM. This event will feature two renowned experts in eDiscovery: Former Magistrate Judge Ronald Hedges and Jason Baron, Co-Editor in Chief of The Sedona Conference Commentary. This event is geared toward legal professionals, technologists and law enforcement personnel from the southeastern United States.
This first event brings together two leading not-for-profit organizations. “We are very pleased to have forged a strong partnership with Women in eDiscovery,” says K. David Benton, Executive Director of The American Society of Digital Forensics & eDiscovery (ASDFED). “ASDFED was founded on the concept of bridge-building, and this meeting is the first of many joint events our organizations plan to host across the United States. When you look at the mission statement of each organization, it makes sense to form a strong alliance as our organizations compliment each other and provide educational opportunities throughout the industry.”
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Source: prlog.org
This first event brings together two leading not-for-profit organizations. “We are very pleased to have forged a strong partnership with Women in eDiscovery,” says K. David Benton, Executive Director of The American Society of Digital Forensics & eDiscovery (ASDFED). “ASDFED was founded on the concept of bridge-building, and this meeting is the first of many joint events our organizations plan to host across the United States. When you look at the mission statement of each organization, it makes sense to form a strong alliance as our organizations compliment each other and provide educational opportunities throughout the industry.”
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Source: prlog.org
Tuesday, September 22, 2009
Database Archiving Basics
A New Function for Improving Data Management
Database archiving is becoming an important new topic for data managers. The need for this function has surfaced at most IT organizations, and the problems it addresses are only getting bigger and bigger. These problems include challenges with data retention requirements, application renovations and e-discovery. Most IT data managers recognize the problems but many do not associate database archiving as a solution. This will change as the technology matures and spreads.
Database Archiving is the practice of removing selective business that are not expected to be referenced again records from operational databases and storing them in a separate archive data store where they can be retrieved if needed.
In essence, it partitions the application database into the operational database (current business records that are still of value to the business) and the archive data store (inactive business records that need to be retained but that have no expectation of being used again for business purposes).
You don't archive databases; you archive business records from databases. Database archiving is an electronic-form of records retention.
For example, a banking application has an operational database containing data for transactions (such as deposits and withdrawals). As data for a single transaction ages, it reaches a point where all intended or expected business uses of the information have been accomplished. The business record includes all data relative to the transaction, including reference information pointed to from the transaction. For example, customer name and address may be copied from the customer master record in order to complete the business record that is moved to the archive.
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Source: Information Management
By: Jack Olson
Database archiving is becoming an important new topic for data managers. The need for this function has surfaced at most IT organizations, and the problems it addresses are only getting bigger and bigger. These problems include challenges with data retention requirements, application renovations and e-discovery. Most IT data managers recognize the problems but many do not associate database archiving as a solution. This will change as the technology matures and spreads.
Database Archiving is the practice of removing selective business that are not expected to be referenced again records from operational databases and storing them in a separate archive data store where they can be retrieved if needed.
In essence, it partitions the application database into the operational database (current business records that are still of value to the business) and the archive data store (inactive business records that need to be retained but that have no expectation of being used again for business purposes).
You don't archive databases; you archive business records from databases. Database archiving is an electronic-form of records retention.
For example, a banking application has an operational database containing data for transactions (such as deposits and withdrawals). As data for a single transaction ages, it reaches a point where all intended or expected business uses of the information have been accomplished. The business record includes all data relative to the transaction, including reference information pointed to from the transaction. For example, customer name and address may be copied from the customer master record in order to complete the business record that is moved to the archive.
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Source: Information Management
By: Jack Olson
Seagate Ships Self-Encrypting Drives to Enterprises
Seagate said it is offering its self-encrypting drive feature with its entire line of enterprise-class hard disk drives and that it has partnered with Intel and LSI to integrate its encryption technology with the two companies' security management firmware.
Seagate Technology LLC today announced it is shipping its Seagate self-encrypting drive (SED) across its portfolio of enterprise-class hard drives.
The hard drives included with the self-encrypting option are the Savvio 15K.2, Savvio 10K.3, Constellation and Cheetah 15K.7 drives.
Seagate has offered full disk encryption to consumers since 2007 and to enterprises in its lower-end Momentus 5400 drive .
Seagate is aiming its new high-end SED option at corporations and organizations faced with regulatory oversight in the health care and financial services arena, which requires customer data to have a higher level of security. "With 50,000 drives and terabytes of data leaving organizations daily, and because 90% of the drives returned for warranty contain readable data, safe drive retirement is a key imperative for businesses worldwide," Seagate said in a statement."
Eric Ouellet, a vice president of storage research at Gartner Inc., said self-encrypting drives are one of the easiest, most cost-effective security measures companies can implement, providing protection against breaches that can occur in drives and systems "that have been repurposed, decommissioned, disposed of, sent for repair, misplaced or stolen."
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Source: cio.com
By: Lucas Mearian
Where to Focus With Social Networking
You could hear the collective groan when Twitter made the cover of Time magazine and marketers realized that they had to become familiar with yet another online medium. There's Facebook, MySpace, Naymz, Spoke, Plaxo, LinkedIn, Martindale Connected, Legal OnRamp, JD Supra and listservs, to name a few online social networks. It seems overwhelming.
The good news is that marketers and lawyers can ignore most of them, concentrate on a single online network, experiment with one or two others, and turn their efforts into new clients, new files and new billable work. Another big plus is that all the online networks are free.
WHY BOTHER?
There is a huge conversation taking place online that works for business development purposes. In fact, more people are conversing on online "member communities" than via e-mail (according to Nielsen Online, Global Index, 2008)! Fifty-nine percent of lawyers have joined an online social network -- and here's the good part -- so have 48 percent of in-house counsel, according to Leader Networks, 2008.
This is the result of a sea change in the U.S. population. The techno-reluctant Baby Boomers are no longer the largest generation in history -- they account for only 23 percent of the population. The biggest generation today is variously called the "Net Generation, Millennials or Gen X," and they account for 27 percent of the population. They grew up with the Web, cell phones, texting and online social networks. These people are making corporate purchasing decisions and are junior partners at law firms. Therefore, law firms need to be online to reach these people.
Caveat: Online networking is no substitute for face-to-face business development meetings. An online presence will make it easy to contact you, showcase your knowledge, help meet potential clients and generate leads. But the goal of online networking is to meet with a contact in person.
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Source: law.com
By: Larry Bodine
The good news is that marketers and lawyers can ignore most of them, concentrate on a single online network, experiment with one or two others, and turn their efforts into new clients, new files and new billable work. Another big plus is that all the online networks are free.
WHY BOTHER?
There is a huge conversation taking place online that works for business development purposes. In fact, more people are conversing on online "member communities" than via e-mail (according to Nielsen Online, Global Index, 2008)! Fifty-nine percent of lawyers have joined an online social network -- and here's the good part -- so have 48 percent of in-house counsel, according to Leader Networks, 2008.
This is the result of a sea change in the U.S. population. The techno-reluctant Baby Boomers are no longer the largest generation in history -- they account for only 23 percent of the population. The biggest generation today is variously called the "Net Generation, Millennials or Gen X," and they account for 27 percent of the population. They grew up with the Web, cell phones, texting and online social networks. These people are making corporate purchasing decisions and are junior partners at law firms. Therefore, law firms need to be online to reach these people.
Caveat: Online networking is no substitute for face-to-face business development meetings. An online presence will make it easy to contact you, showcase your knowledge, help meet potential clients and generate leads. But the goal of online networking is to meet with a contact in person.
To Continue Reading: Click Here
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Source: law.com
By: Larry Bodine
New Rulings Stress Need To Preserve ESI
A recent New York state Supreme Court decision, Ahroner v. Israel Discount Bank of New York, continues the trend of cases reminding counsel of the need to take an active role in the preservation of electronically stored information.[FOOTNOTE 1] Litigators and in-house counsel need to be fully familiar with their clients' document retention policies and practices as well as be cognizant of their clients' ESI preservation obligations. Appropriate measures must be taken by counsel and client alike to ensure compliance in order to avoid sanctions for the destruction of potentially relevant evidence.
As Ahroner[FOOTNOTE 2] makes clear, a "litigation hold" on ESI that is not properly effectuated or insufficiently complied with will not immunize a party for spoliation sanctions.
Further, a recent trial court decision highlights the requirement, when seeking preliminary injunctive relief, for the need to come forward with specific evidence to support an allegation that a party improperly gained access to computers or wrongfully downloaded ESI.
Finally, bloggers who want to maintain their anonymity need to be cautious as evidenced by a recent trial court decision permitting pre-action disclosure seeking the identity of a defendant for purposes of a plaintiff pursuing a cause of action for defamation.
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Source: law.com
By: Mark A. Berman
As Ahroner[FOOTNOTE 2] makes clear, a "litigation hold" on ESI that is not properly effectuated or insufficiently complied with will not immunize a party for spoliation sanctions.
Further, a recent trial court decision highlights the requirement, when seeking preliminary injunctive relief, for the need to come forward with specific evidence to support an allegation that a party improperly gained access to computers or wrongfully downloaded ESI.
Finally, bloggers who want to maintain their anonymity need to be cautious as evidenced by a recent trial court decision permitting pre-action disclosure seeking the identity of a defendant for purposes of a plaintiff pursuing a cause of action for defamation.
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Source: law.com
By: Mark A. Berman
Court Ruling Expands e-Discovery Protections
Corporate legal departments have caught another break on the e-discovery front, thanks to an appeals court ruling that reaffirms the idea that electronic data seized during a criminal investigation can’t be retained unless it’s in the scope of a search warrant.
The ruling also gives a de facto blueprint for both government agents and judges to follow when issuing warrants for electronic information, and that ultimately may be the most important consequence, legal experts say.
The decision, U.S. v. Comprehensive Drug-Testing, was handed down by the
California-based Ninth Circuit Court of Appeals on Aug. 26. More commonly known as the BALCO case, the dispute has spawned a long line of litigation stemming from steroid use among professional baseball players.
As Compliance Week previously reported, government agents in the BALCO probe executed a search warrant while investigating whether the Bay Area Lab Cooperative sold steroids to baseball players. Based on the seized data, agents then obtained confidential medical records of other players who tested positive for steroids, and then used that data to get more search warrants. Government lawyers reasoned that they should be allowed to retain and use information not included in their original search warrant because it came into “plain view.”
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Source: complianceweek.com
By: Jaclyn Jaeger
The ruling also gives a de facto blueprint for both government agents and judges to follow when issuing warrants for electronic information, and that ultimately may be the most important consequence, legal experts say.
The decision, U.S. v. Comprehensive Drug-Testing, was handed down by the
California-based Ninth Circuit Court of Appeals on Aug. 26. More commonly known as the BALCO case, the dispute has spawned a long line of litigation stemming from steroid use among professional baseball players.
As Compliance Week previously reported, government agents in the BALCO probe executed a search warrant while investigating whether the Bay Area Lab Cooperative sold steroids to baseball players. Based on the seized data, agents then obtained confidential medical records of other players who tested positive for steroids, and then used that data to get more search warrants. Government lawyers reasoned that they should be allowed to retain and use information not included in their original search warrant because it came into “plain view.”
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Source: complianceweek.com
By: Jaclyn Jaeger
Enterprise Content Management: A Foundation for Useful Information
At its most fundamental level, government is in the business of information. Yet it's one thing to collect information, and quite another to make it useful. As simple and humble as it sounds, "usefulness" of information and systems has emerged as the gold standard. Unfortunately the sharing and usefulness of information in government are still in their infancy, according to a number of public CIOs.
Many municipalities have Web sites that are essentially billboards to push out information. Some of these sites do have capabilities, such as forms, to pull in information. While these sites are more useful than billboards, they are still far from providing true collaboration -- and useful communication -- with constituents.
Public communication is just one problem. What about internal communications? Many CIOs face quite a tangle of departments, policies, information silos and systems, including legacy equipment. And unfortunately, legacy systems prolong legacy attitudes.
Critical to government is control and security. The challenge is to both control information while allowing it to be processed and accessed appropriately. This is where the role of IT and automation can shine, especially if compliance and e-discovery requirements are incorporated.
Managing information assets is the key to the allocation and delivery of services, but how do we get there? Establishing a channel to allow the free flow of information is fundamental to these efforts. While security is important, locking down content isn't going to enable anything or anyone.
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Source: govtech.com
By: Kimberly Samuelson
Many municipalities have Web sites that are essentially billboards to push out information. Some of these sites do have capabilities, such as forms, to pull in information. While these sites are more useful than billboards, they are still far from providing true collaboration -- and useful communication -- with constituents.
Public communication is just one problem. What about internal communications? Many CIOs face quite a tangle of departments, policies, information silos and systems, including legacy equipment. And unfortunately, legacy systems prolong legacy attitudes.
Critical to government is control and security. The challenge is to both control information while allowing it to be processed and accessed appropriately. This is where the role of IT and automation can shine, especially if compliance and e-discovery requirements are incorporated.
Managing information assets is the key to the allocation and delivery of services, but how do we get there? Establishing a channel to allow the free flow of information is fundamental to these efforts. While security is important, locking down content isn't going to enable anything or anyone.
To Continue Reading: Click Here
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Source: govtech.com
By: Kimberly Samuelson
The tape storage end game: The pros and cons of recycling backup tapes
As many tape backup users -- and all tape vendors will tell you, tape storage is the unsung, unglamorous mainstay of data retention. Despite the low and declining costs of disk storage, tape, which is comparatively cheap to buy and has low energy costs, remains one of the most economical ways to store and back up data.
But what happens when you move up to a more modern format of tape, to disk backup, or simply choose to dispose of old tapes? For years, third parties have offered another option -- sell the tapes and recycle them to others customers. However, according to OEMs and others, this secondary tape market is fraught with risk. With no standards and no oversight, third parties frequently erase only the header information from the tapes they acquire, potentially leaving gigabytes of sensitive information available for perusal. While there don't appear to be any documented incidents of major data breaches occurring as a result of poor tape recycling practices, the potential for disaster is there.
Sensitive data still on recycled tapes
"We have purchased recycled tapes on the market and found that we could easily read large amounts of data, some of which could be considered sensitive, such as social security numbers and hospital records," said Tom Lally, vice president of Imation's commercial division. In fact, in lab tests run on 100 "recertified" tapes purchased commercially, Imation discovered intelligible information on one-third of the cartridges. And that's the kind of risk that should be a wakeup call for IT managers, he said. Furthermore, noted Lally, in Imation tests, multiple degaussing passes were needed to render data fully inaccessible; meaning that about the only practical solution for those intent on complete data destruction is shredding and/or incinerating the tape.
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Source: searchdatabackup.techtarget.com
By: Alan Earls
But what happens when you move up to a more modern format of tape, to disk backup, or simply choose to dispose of old tapes? For years, third parties have offered another option -- sell the tapes and recycle them to others customers. However, according to OEMs and others, this secondary tape market is fraught with risk. With no standards and no oversight, third parties frequently erase only the header information from the tapes they acquire, potentially leaving gigabytes of sensitive information available for perusal. While there don't appear to be any documented incidents of major data breaches occurring as a result of poor tape recycling practices, the potential for disaster is there.
Sensitive data still on recycled tapes
"We have purchased recycled tapes on the market and found that we could easily read large amounts of data, some of which could be considered sensitive, such as social security numbers and hospital records," said Tom Lally, vice president of Imation's commercial division. In fact, in lab tests run on 100 "recertified" tapes purchased commercially, Imation discovered intelligible information on one-third of the cartridges. And that's the kind of risk that should be a wakeup call for IT managers, he said. Furthermore, noted Lally, in Imation tests, multiple degaussing passes were needed to render data fully inaccessible; meaning that about the only practical solution for those intent on complete data destruction is shredding and/or incinerating the tape.
To Continue Reading: Click Here
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Source: searchdatabackup.techtarget.com
By: Alan Earls
Monday, September 21, 2009
Colleges Warily Turn Sensitive E-Mail Over to Outside Companies
The sour economy is leading some colleges to adopt free e-mail services from Google or Microsoft for their official faculty and administrative accounts. So when the president of Abilene Christian University or Boise State University gets e-mail from a donor or a professor, the messages are stored on servers beyond the universities' control.
Colleges began trying such free services for students a couple of years ago, but most college technology leaders thought they would never put their most sensitive accounts on the systems as well.
But in the past year a few colleges have made the switch campuswide, and technology officials at other colleges say they may soon do the same.
The move is delivering real savings (about $1-million at Temple University since the institution moved most of its professors and administrators to Google's service in the spring), but it is raising concerns among college lawyers who worry about losing control of data—and wonder whether outside companies will safeguard student grades and sensitive research, and keep colleges from violating federal privacy laws.
Outsourcing e-mail is especially tempting. Colleges aren't that good at this service anymore—they can't match the mailbox sizes that free services offer, and they struggle to keep up with security patches that block hackers.
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Source: chronicle.com
By: Jeffrey Young
Colleges began trying such free services for students a couple of years ago, but most college technology leaders thought they would never put their most sensitive accounts on the systems as well.
But in the past year a few colleges have made the switch campuswide, and technology officials at other colleges say they may soon do the same.
The move is delivering real savings (about $1-million at Temple University since the institution moved most of its professors and administrators to Google's service in the spring), but it is raising concerns among college lawyers who worry about losing control of data—and wonder whether outside companies will safeguard student grades and sensitive research, and keep colleges from violating federal privacy laws.
Outsourcing e-mail is especially tempting. Colleges aren't that good at this service anymore—they can't match the mailbox sizes that free services offer, and they struggle to keep up with security patches that block hackers.
To Continue Reading: Click Here
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Source: chronicle.com
By: Jeffrey Young
Sunday, September 20, 2009
Get Smart With SharePoint Documents
In law firms, documents are the most tangible product created for clients. They capture, refine, convey and warehouse legal expertise, thus representing a tremendous store of value.
Given the pressures on firms to provide increased value at lower costs, it's imperative that they find ways to reduce the costs of creating and managing documents and increase their value to clients and personnel. Microsoft SharePoint provides a range of features to make your firm's documents "smarter," from capturing rich metadata to automating workflows to intelligent search. As applied, these features can transform passive documents into active, reusable resources.
In this article I'll describe some of the ways that SharePoint can reduce the effort to create, manage and retrieve documents and increase their value, as smart documents, to both your firm and its clients.
SMART DOCUMENTS
Since the invention of writing, documents have been a means of recording and transmitting human thought. Symbols have been used to represent objects and ideas via pictograms (e.g., Egyptian hieroglyphs or Kanji) or spoken sounds via phonemes (e.g., Greek or English). Regardless of the form used, the medium in which these symbols were recorded (clay, stone, paper or magnetic media) did not play an active role in the recording, refinement, transmission or retrieval of the contents. With current technology this limitation no longer applies.
A smart document is one that embodies not only content, but also metadata and processes to allow it to "know" about itself, what it should do and how to do it. For example, a smart document could know:
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Source: Law.com
By: Mark Gerow
Given the pressures on firms to provide increased value at lower costs, it's imperative that they find ways to reduce the costs of creating and managing documents and increase their value to clients and personnel. Microsoft SharePoint provides a range of features to make your firm's documents "smarter," from capturing rich metadata to automating workflows to intelligent search. As applied, these features can transform passive documents into active, reusable resources.
In this article I'll describe some of the ways that SharePoint can reduce the effort to create, manage and retrieve documents and increase their value, as smart documents, to both your firm and its clients.
SMART DOCUMENTS
Since the invention of writing, documents have been a means of recording and transmitting human thought. Symbols have been used to represent objects and ideas via pictograms (e.g., Egyptian hieroglyphs or Kanji) or spoken sounds via phonemes (e.g., Greek or English). Regardless of the form used, the medium in which these symbols were recorded (clay, stone, paper or magnetic media) did not play an active role in the recording, refinement, transmission or retrieval of the contents. With current technology this limitation no longer applies.
A smart document is one that embodies not only content, but also metadata and processes to allow it to "know" about itself, what it should do and how to do it. For example, a smart document could know:
To Continue Reading: Click Here
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Source: Law.com
By: Mark Gerow
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