Corporate legal departments face numerous challenges, but few cause as much frustration as escalating costs and accountability concerns associated with e-discovery. In response, Pillsbury is launching PEARL™ (Pillsbury’s E-Discovery Alliance of Resource Leaders), a transformative single-source solution to integrated discovery management to ensure predictability, defensibility and transparency at lower cost.
PEARL provides experienced guidance and a unique strategy for managing the entire e-discovery process from identification and collection of data (Protiviti); processing (ACT Litigation Services, Integreon); review and production (ACT, Discovery Services Inc, Integreon), including document translation and foreign language depositions (TransPerfect Legal); and court certification (Pillsbury). Its systematic approach leverages the respective strengths and capabilities of each alliance provider, and under Pillsbury’s clear legal guidance, offers a team of experts with diverse capabilities who collaborate to deliver efficient, streamlined results at per-page or per-gigabyte rates that create significant costs savings for clients regardless of size, scope of inquiry or location.
“PEARL provides a single point of contact and unified billing, eliminating the ad hoc, multi-vendor arrangements that are often cobbled together in a frenetic rush to meet the e-discovery obligations associated with a lawsuit. Working collaboratively with each Resource Leader, Pillsbury has streamlined workflow processes and reporting structures to reduce interruptions, expenses and errors—especially in the critical early days of a lawsuit,” said Pillsbury litigation partner Wayne Matus, the head of Pillsbury’s E-Discovery Practice, who originated the PEARL concept. “Engaging PEARL across multiple matters frees up corporate litigation departments and allows the company’s trial counsel, whether it be litigators from Pillsbury or another law firm hired for their subject matter expertise, to focus on case strategy and trial preparation rather than the administration of e-discovery-related tasks.”
To Continue Reading: Click Here
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Source: earthtimes.org
Friday, January 29, 2010
LegalTech Descends on New York
Lawyers provide legal information to clients and courts of law. The key word is information. With it, we can retain clients, render services, and manage the business of law. And with developments in information technology, we can continually improve our receipt, analysis, and delivery of legal information and account for its costs and remuneration.
With information technology, we can provide better legal services with research tools from the likes of LexisNexis and Westlaw Next and software from e-discovery vendors like Guidance Software, Kroll Ontrack, and StoredIQ that help manage and archive information, as well as cull, produce, and review data for evidence. Transactional lawyers can benefit from document assembly tools and litigators can improve their chances for success with trial technology and internet research. We can also better manage our business with time-and-billing programs, as well as case and matter management applications installed on premise or in the cloud from the likes of Clio and Rocket Matter.
What are the next big improvements in information technology that will benefit lawyers and law firms? Find out at LegalTech New York.
LegalTech brings lawyers, paralegals, law firm administrators, developers, manufacturers, and technologists, and more to the Hilton New York from Feb. 1-3 to share developments and improvements in legal technology, including e-discovery. In 2009, LegalTech New York attracted nearly 13,000 attendees and featured almost 300 exhibiting companies. This year's attendance will be comparable to 2009, says Henry Payne Dicker, vice president of ALM Events, and is ahead in some categories, like paid registrations.
Each day of the show will feature a keynote. On Monday, Feb. 1, Russel Stalters, head of information technology and services for Information and Records Architecture at BP America, leads with "Don't Build Your E-Discovery Program on a Landfill." Mark Howitson, deputy general counsel at Facebook, follows Stalters on Tuesday, Feb. 2, with "Perspectives on Corporate E-Discovery and Social Media." And don't think about cutting out early.
To Continue Reading: Click Here
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Source: law.com
By: Sean Doherty
With information technology, we can provide better legal services with research tools from the likes of LexisNexis and Westlaw Next and software from e-discovery vendors like Guidance Software, Kroll Ontrack, and StoredIQ that help manage and archive information, as well as cull, produce, and review data for evidence. Transactional lawyers can benefit from document assembly tools and litigators can improve their chances for success with trial technology and internet research. We can also better manage our business with time-and-billing programs, as well as case and matter management applications installed on premise or in the cloud from the likes of Clio and Rocket Matter.
What are the next big improvements in information technology that will benefit lawyers and law firms? Find out at LegalTech New York.
LegalTech brings lawyers, paralegals, law firm administrators, developers, manufacturers, and technologists, and more to the Hilton New York from Feb. 1-3 to share developments and improvements in legal technology, including e-discovery. In 2009, LegalTech New York attracted nearly 13,000 attendees and featured almost 300 exhibiting companies. This year's attendance will be comparable to 2009, says Henry Payne Dicker, vice president of ALM Events, and is ahead in some categories, like paid registrations.
Each day of the show will feature a keynote. On Monday, Feb. 1, Russel Stalters, head of information technology and services for Information and Records Architecture at BP America, leads with "Don't Build Your E-Discovery Program on a Landfill." Mark Howitson, deputy general counsel at Facebook, follows Stalters on Tuesday, Feb. 2, with "Perspectives on Corporate E-Discovery and Social Media." And don't think about cutting out early.
To Continue Reading: Click Here
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Source: law.com
By: Sean Doherty
Improve Record Retention & E-Discovery
Being Proactive Can Save SMEs Time & Money
The growing amounts of data in today’s enterprise can be vexing for IT and data center managers. If you don’t keep a close eye on things, data quickly becomes scattered, unorganized, and even costly. And what happens when you need quick access to specific company records or when your data is evidence in a legal case? Record retention and e-discovery can quickly become major challenges for some small to midsized enterprises. Fortunately, there are ways to deal with these challenges. Here are a few tips to help your enterprise modify and improve your storage situation in both of these areas.
Take A Proactive Approach
According to Colby Dyess, the director of product management for Digital Reef (www.digitalreefinc.com), most small and midsized enterprises take a reactive approach to e-discovery. He says this results in constant fire drills to collect potentially responsive information and then “throw it over the fence” to e-discovery service providers for processing and review. “While the service providers have valuable expertise in data handling and hosting, most enterprises turn over way too much information for processing. At upwards of $1,800 per gigabyte for processing, this adds up to a huge expense quickly,” he says. “Worse, IT staff are forced into the manual process of collecting hundreds of gigabytes of unstructured data that happens to be scattered across diverse systems and locations and exists in a variety of digital formats.”
Dyess says that as a result, IT departments have been forced to use multiple tools to collect data under strict timeframes. He says employing a proactive approach helps reduce the risk, cost, and time associated with e-discovery requests.
To Continue Reading: Click Here
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Source: processor.com
By: Chris A. MacKinnon
The growing amounts of data in today’s enterprise can be vexing for IT and data center managers. If you don’t keep a close eye on things, data quickly becomes scattered, unorganized, and even costly. And what happens when you need quick access to specific company records or when your data is evidence in a legal case? Record retention and e-discovery can quickly become major challenges for some small to midsized enterprises. Fortunately, there are ways to deal with these challenges. Here are a few tips to help your enterprise modify and improve your storage situation in both of these areas.
Take A Proactive Approach
According to Colby Dyess, the director of product management for Digital Reef (www.digitalreefinc.com), most small and midsized enterprises take a reactive approach to e-discovery. He says this results in constant fire drills to collect potentially responsive information and then “throw it over the fence” to e-discovery service providers for processing and review. “While the service providers have valuable expertise in data handling and hosting, most enterprises turn over way too much information for processing. At upwards of $1,800 per gigabyte for processing, this adds up to a huge expense quickly,” he says. “Worse, IT staff are forced into the manual process of collecting hundreds of gigabytes of unstructured data that happens to be scattered across diverse systems and locations and exists in a variety of digital formats.”
Dyess says that as a result, IT departments have been forced to use multiple tools to collect data under strict timeframes. He says employing a proactive approach helps reduce the risk, cost, and time associated with e-discovery requests.
To Continue Reading: Click Here
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Source: processor.com
By: Chris A. MacKinnon
Thursday, January 28, 2010
Microsoft Finds Indiscreet Sharing Costs Jobs
A survey commissioned by the company shows that the majority of human resources professionals have rejected job applicants based on information found online.
In anticipation of Data Privacy Day on Thursday, January 28, Microsoft has released research showing how indiscreet publication of information online can prevent Internet users from getting jobs.
According to a December survey of 2,500 consumers, human resources managers and recruitment professionals, 70% of the HR respondents from the U.S. said they had rejected job applicants because of information found through an online search. Among U.S. consumers, only 7% believe online data has affected their efforts to get hired.
"We're really quite surprised by the findings," said Peter Cullen, chief privacy strategist at Microsoft, in a phone interview. Cullen said while its not unexpected for human resources professionals to conduct online searches about job applicants, the extent to which online research has become commonplace and has been formalized in corporate policy should prompt people to revisit their assumptions about privacy and online reputation.
The survey was conducted in the U.S., the U.K., Germany, and France. Outside the U.S., the impact of online information on hiring appears to be less significant. In the U.K., 41% of responding recruiters and HR professionals said they'd rejected candidates following the discovery of negative online information. In Germany and France, the rates were 16% and 14% respectively.
One reason for the disparity may be that 75% of recruiters and HR personnel in the U.S. report that their companies have formal policies requiring them to research job applicants online. In the U.K., only 48% of recruiting and HR respondents said their companies had policies of this sort. And in Germany and France, that number is 21%.
In a blog post, Cullen says that the survey shows how we as a society are still trying to reconcile privacy with life online. To illustrate that point, he notes that 63% of consumer respondents expressed concern about the impact of their online reputation on their lives. At the same time, less than half of consumers surveyed say they consider their reputations when they post online and less than 15% of consumers believe that online information affects their ability to get a job.
To Continue Reading: Click Here
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Source: Informationweek
By: Thomas Claburn
In anticipation of Data Privacy Day on Thursday, January 28, Microsoft has released research showing how indiscreet publication of information online can prevent Internet users from getting jobs.
According to a December survey of 2,500 consumers, human resources managers and recruitment professionals, 70% of the HR respondents from the U.S. said they had rejected job applicants because of information found through an online search. Among U.S. consumers, only 7% believe online data has affected their efforts to get hired.
"We're really quite surprised by the findings," said Peter Cullen, chief privacy strategist at Microsoft, in a phone interview. Cullen said while its not unexpected for human resources professionals to conduct online searches about job applicants, the extent to which online research has become commonplace and has been formalized in corporate policy should prompt people to revisit their assumptions about privacy and online reputation.
The survey was conducted in the U.S., the U.K., Germany, and France. Outside the U.S., the impact of online information on hiring appears to be less significant. In the U.K., 41% of responding recruiters and HR professionals said they'd rejected candidates following the discovery of negative online information. In Germany and France, the rates were 16% and 14% respectively.
One reason for the disparity may be that 75% of recruiters and HR personnel in the U.S. report that their companies have formal policies requiring them to research job applicants online. In the U.K., only 48% of recruiting and HR respondents said their companies had policies of this sort. And in Germany and France, that number is 21%.
In a blog post, Cullen says that the survey shows how we as a society are still trying to reconcile privacy with life online. To illustrate that point, he notes that 63% of consumer respondents expressed concern about the impact of their online reputation on their lives. At the same time, less than half of consumers surveyed say they consider their reputations when they post online and less than 15% of consumers believe that online information affects their ability to get a job.
To Continue Reading: Click Here
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Source: Informationweek
By: Thomas Claburn
E-mail management: keeping the business bloodlines flowing
IT departments ignoring the growth of e-mail data are putting business continuity at risk, warns Richard Ellis, manager UK & Ireland, Iron Mountain Digital.
Even with the rise of new collaboration technologies, e-mail remains the blood flow of the business. The faster it flows, the faster business happens and so it is little surprise that e-mail data is growing daily - up to 30% annually according to some industry analysts.
E-mail tends to be considered a commodity that, like water in our taps, 'just happens'. Unfortunately things are not that simple, not least for the IT manager who has to deal with a multitude of issues that the dependency on e-mail creates. From downtime to time-consuming recovery or investigation processes, to the growing cost of e-mail storage, e-mails have the potential to be an IT nightmare.
Reiterating this point, a recent poll of IT managers conducted by Iron Mountain in the UK found that e-mail management remains a key issue for a large majority.
The survey showed that e-mail downtime proved to be the key concern, with over a third - 36% - stating that they had experienced e-mail failure in the past 12 months, and 25% of those experiencing downtime lasting over 12 hours. The impact of this on the business operation will no doubt be a concerning thought for any C-level executive.
E-discovery also proved to be a major time investment for respondents to the survey. 42% of IT managers have recovered e-mails to support an investigation, a quarter of whom spent over 12 hours doing so.
To Continue Reading: Click Here
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Source: Computer Weekly
By: Richard Ellis
Even with the rise of new collaboration technologies, e-mail remains the blood flow of the business. The faster it flows, the faster business happens and so it is little surprise that e-mail data is growing daily - up to 30% annually according to some industry analysts.
E-mail tends to be considered a commodity that, like water in our taps, 'just happens'. Unfortunately things are not that simple, not least for the IT manager who has to deal with a multitude of issues that the dependency on e-mail creates. From downtime to time-consuming recovery or investigation processes, to the growing cost of e-mail storage, e-mails have the potential to be an IT nightmare.
Reiterating this point, a recent poll of IT managers conducted by Iron Mountain in the UK found that e-mail management remains a key issue for a large majority.
The survey showed that e-mail downtime proved to be the key concern, with over a third - 36% - stating that they had experienced e-mail failure in the past 12 months, and 25% of those experiencing downtime lasting over 12 hours. The impact of this on the business operation will no doubt be a concerning thought for any C-level executive.
E-discovery also proved to be a major time investment for respondents to the survey. 42% of IT managers have recovered e-mails to support an investigation, a quarter of whom spent over 12 hours doing so.
To Continue Reading: Click Here
------------------------------------------------
Source: Computer Weekly
By: Richard Ellis
"Zubulake Revisited: Six Years Later": Judge Shira Scheindlin Issues her Latest e-Discovery Opinion
Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs., LLC, 2010 WL 184312 (S.D.N.Y. Jan. 15, 1010) (Amended Order)
Issued earlier this month, Judge Shira Scheindlin’s opinion in Pension Comm. of Univer. of Montreal Pension Plan v. Bank of Am. Secs., LLC, addresses the issues of parties’ preservation obligations and spoliation in great detail, including detailed and informative discussions of the varying levels of culpability in failing to uphold discovery obligations, the required burdens of proof, and the appropriate remedies upon a finding of spoliation.
The opinion was summed up by Judge Scheindlin in the introduction to her opinion:
By now, it should be abundantly clear that the duty to preserve means what it says and that a failure to preserve records-paper or electronic-and to search in the right places for those records, will inevitably result in the spoliation of evidence.
The court specifically identified several actions (or failures to act) which would result in a finding of gross negligence in upholding discovery obligations:
Thus, after the final relevant Zubulake opinion in July, 2004, the following failures support a finding of gross negligence, when the duty to preserve has attached: to issue a written litigation hold; to identify all of the key players and to ensure that their electronic and paper records are preserved; to cease the deletion of email or to preserve the records of former employees that are in a party's possession, custody, or control; and to preserve backup tapes when they are the sole source of relevant information or when they relate to key players, if the relevant information maintained by those players is not obtainable from readily accessible sources.
To Continue Reading: Click Here
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Source: ediscoverylaw.com
Issued earlier this month, Judge Shira Scheindlin’s opinion in Pension Comm. of Univer. of Montreal Pension Plan v. Bank of Am. Secs., LLC, addresses the issues of parties’ preservation obligations and spoliation in great detail, including detailed and informative discussions of the varying levels of culpability in failing to uphold discovery obligations, the required burdens of proof, and the appropriate remedies upon a finding of spoliation.
The opinion was summed up by Judge Scheindlin in the introduction to her opinion:
By now, it should be abundantly clear that the duty to preserve means what it says and that a failure to preserve records-paper or electronic-and to search in the right places for those records, will inevitably result in the spoliation of evidence.
The court specifically identified several actions (or failures to act) which would result in a finding of gross negligence in upholding discovery obligations:
Thus, after the final relevant Zubulake opinion in July, 2004, the following failures support a finding of gross negligence, when the duty to preserve has attached: to issue a written litigation hold; to identify all of the key players and to ensure that their electronic and paper records are preserved; to cease the deletion of email or to preserve the records of former employees that are in a party's possession, custody, or control; and to preserve backup tapes when they are the sole source of relevant information or when they relate to key players, if the relevant information maintained by those players is not obtainable from readily accessible sources.
To Continue Reading: Click Here
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Source: ediscoverylaw.com
Wednesday, January 27, 2010
Honey, I Forgot the Cell Phone: The 411 on 'Outlier' ESI
A popular advertisement for cellular services asks consumers: "Can you hear me now?" After years of static on the line about how parties in federal courts should handle the preservation and production of so-called "outlier" electronically stored information -- such as that found on cell phones and PDAs, voice mail systems, instant messaging systems, chat rooms, and websites -- the message is starting to come through.[FOOTNOTE 1] While these data sources may have been neglected or even completely overlooked in years past, recent events in courtrooms and in the news emphasize that these sources should not be ignored. One need look no further than headlines about voice mail and text messages apparently sent by a celebrity golfer to his alleged mistress to realize the potential significance of outlier ESI data.
That scandal reminds us of the importance of managing text messages, instant messages, voice mail and other outlier ESI before they become evidence in litigation. In fact, under certain circumstances, failure to preserve and produce certain outlier ESI could constitute spoliation and result in sanctions such as an adverse inference.[FOOTNOTE 2] Consequently, counsel should actively consider the legal and strategic benefits of incorporating outlier ESI into their litigation response plans (via inclusion in litigation hold notices and preservation efforts, discussion at meet and confer sessions with opposing counsel, and incorporation into discovery plans presented to the court).[FOOTNOTE 3] Whether it is appropriate for outlier ESI data to be preserved and produced in any given litigation is highly fact specific.
NEW TECHNOLOGY, NEW CHALLENGES
The collision of new technologies with established discovery duties has forced federal courts to determine whether new data types and sources fall under well-settled traditional preservation and production requirements.[FOOTNOTE 4] Courts and parties have grown relatively accustomed to dealing with data sources that are common in modern-day discovery, including hard drives, networks, databases and external media (e.g., thumb drives and backup drives) and data types, such as scanned images of paper files, e-mail, electronic documents (e.g., Microsoft Word files) and even "legacy data."[FOOTNOTE 5] However, they have also had to grapple with fitting new data sources and types -- the "outliers" -- into the traditional paradigm.[FOOTNOTE 6]
To Continue Reading: Click Here
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Source: searchsecurity.techtarget.com
By: Farrah Pepper
That scandal reminds us of the importance of managing text messages, instant messages, voice mail and other outlier ESI before they become evidence in litigation. In fact, under certain circumstances, failure to preserve and produce certain outlier ESI could constitute spoliation and result in sanctions such as an adverse inference.[FOOTNOTE 2] Consequently, counsel should actively consider the legal and strategic benefits of incorporating outlier ESI into their litigation response plans (via inclusion in litigation hold notices and preservation efforts, discussion at meet and confer sessions with opposing counsel, and incorporation into discovery plans presented to the court).[FOOTNOTE 3] Whether it is appropriate for outlier ESI data to be preserved and produced in any given litigation is highly fact specific.
NEW TECHNOLOGY, NEW CHALLENGES
The collision of new technologies with established discovery duties has forced federal courts to determine whether new data types and sources fall under well-settled traditional preservation and production requirements.[FOOTNOTE 4] Courts and parties have grown relatively accustomed to dealing with data sources that are common in modern-day discovery, including hard drives, networks, databases and external media (e.g., thumb drives and backup drives) and data types, such as scanned images of paper files, e-mail, electronic documents (e.g., Microsoft Word files) and even "legacy data."[FOOTNOTE 5] However, they have also had to grapple with fitting new data sources and types -- the "outliers" -- into the traditional paradigm.[FOOTNOTE 6]
To Continue Reading: Click Here
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Source: searchsecurity.techtarget.com
By: Farrah Pepper
E-discovery rules on the horizon
Wisconsin may soon adopt new rules to deal with the discovery of electronically stored information.
According to the Wisconsin Judicial Council, about 25 other states are considering or have already implemented rules incorporating elements of the 2006 amendments to the Federal Rules of Civil Procedure pertaining to e-discovery.
The Judicial Council recently presented a petition to the state Supreme Court seeking many of the same updates, including enabling parties to specify the form or forms in which electronically stored information is to be produced and a “safe harbor” provision that would prohibit court sanctions if a party fails to produce electronically stored information lost as a result of routine operation of a system
The Council is also recommending that business records be allowed to be produced in electronic form and that parties be permitted to request an opportunity to test or sample materials sought in addition to inspecting and copying them. However, the petition includes commentary from the Federal Rules of Civil Procedure Advisory Committee notes stating that “courts should guard against undue intrusiveness resulting from inspecting or testing such systems.”
While the court did not formally adopt the changes after its Jan. 21 administrative conference, the justices expressed general support and directed the Judicial Council to include additional commentary from the advisory committee to more closely mirror the federal rules.
To Continue Reading: Click Here
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Source: wislawjournal.com
By: Farrah Pepper
According to the Wisconsin Judicial Council, about 25 other states are considering or have already implemented rules incorporating elements of the 2006 amendments to the Federal Rules of Civil Procedure pertaining to e-discovery.
The Judicial Council recently presented a petition to the state Supreme Court seeking many of the same updates, including enabling parties to specify the form or forms in which electronically stored information is to be produced and a “safe harbor” provision that would prohibit court sanctions if a party fails to produce electronically stored information lost as a result of routine operation of a system
The Council is also recommending that business records be allowed to be produced in electronic form and that parties be permitted to request an opportunity to test or sample materials sought in addition to inspecting and copying them. However, the petition includes commentary from the Federal Rules of Civil Procedure Advisory Committee notes stating that “courts should guard against undue intrusiveness resulting from inspecting or testing such systems.”
While the court did not formally adopt the changes after its Jan. 21 administrative conference, the justices expressed general support and directed the Judicial Council to include additional commentary from the advisory committee to more closely mirror the federal rules.
To Continue Reading: Click Here
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Source: wislawjournal.com
By: Farrah Pepper
Mindseye Solutions Feeds the Trend of In-House eDiscovery with Special Rates on TunnelVision
Mindseye Solutions an innovator of next generation eDiscovery technology announces incentive program for TunnelVision in response to demand for in-house eDiscovery technology.
Arlington, Virginia (PRWEB) January 27, 2010 -- In response to the growing demand for in-house eDiscovery technology, for a limited time Mindseye Solutions will offer companies entering an end user agreement a 20 percent reduction on 'Pay as you Go' costs or 12 months for the price of ten months on any enterprise licenses for their popular TunnelVision software.
TunnelVision is an in-house eDiscovery software that enables companies to cost effectively meet the growing demands of legal discovery through increased processing performance, extensive reporting, and a small fixed and predictable cost. Through the use of TunnelVision, companies are able to efficiently manage the eDiscovery process for multiple legal matters through a simple and easy to use interface, sharply reducing business disruption as well as downstream attorney review and data production costs.
"Electronically stored information within many organizations is growing at a prolific rate and so too are the costs associated with handling a discovery request," said Bob Krantz, CEO of Mindseye Solutions. "In-house technologies like TunnelVision allow companies to take control of discovery costs by bringing portions of the eDiscovery process in-house."
As software like TunnelVision continues to increase simplicity and drive down costs, implementation of in-house eDiscovery technology continues to grow in popularity. According to a recent Marketscope report released by Gartner, by using in-house eDiscovery "clients reported a return on investment (ROI) within three to six months or, alternatively, after one big case." The report goes on to say,
"The main areas of cost reduction are in processing data by external service providers, as less time and, therefore, money is spent on outside attorney review, as less material is passed to them. These benefits are achieved by defensibly culling the amount of data that is passed on to further steps in the e-discovery process, by allowing in-house attorneys to 'go back to the well' and refine their searches, either coming up with more data (to avoid sanctions) or refining existing data sets to the relevant documents to pass on for further consideration." (Marketscope for E-Discovery Software Vendors, Debra Logan, 2009)
About Mindseye Solutions:
Mindseye Solutions is creating next generation technologies designed to drive the evolution and growth of the electronic discovery industry. Founded by experienced electronic discovery professionals, Mindseye Solutions brings a rare blend of industry specific consultative, operational and software development vision to each application we design. The Mindseye Solutions mission is to create innovative technology that addresses our three core values accountability, efficiency, and agility. These core values are our guiding philosophy in developing solutions that empower organizations to reduce risk, limit the potential for exposure and create a structured repeatable process to minimize business disruption.
For More Info: Click Here
Arlington, Virginia (PRWEB) January 27, 2010 -- In response to the growing demand for in-house eDiscovery technology, for a limited time Mindseye Solutions will offer companies entering an end user agreement a 20 percent reduction on 'Pay as you Go' costs or 12 months for the price of ten months on any enterprise licenses for their popular TunnelVision software.
TunnelVision is an in-house eDiscovery software that enables companies to cost effectively meet the growing demands of legal discovery through increased processing performance, extensive reporting, and a small fixed and predictable cost. Through the use of TunnelVision, companies are able to efficiently manage the eDiscovery process for multiple legal matters through a simple and easy to use interface, sharply reducing business disruption as well as downstream attorney review and data production costs.
"Electronically stored information within many organizations is growing at a prolific rate and so too are the costs associated with handling a discovery request," said Bob Krantz, CEO of Mindseye Solutions. "In-house technologies like TunnelVision allow companies to take control of discovery costs by bringing portions of the eDiscovery process in-house."
As software like TunnelVision continues to increase simplicity and drive down costs, implementation of in-house eDiscovery technology continues to grow in popularity. According to a recent Marketscope report released by Gartner, by using in-house eDiscovery "clients reported a return on investment (ROI) within three to six months or, alternatively, after one big case." The report goes on to say,
"The main areas of cost reduction are in processing data by external service providers, as less time and, therefore, money is spent on outside attorney review, as less material is passed to them. These benefits are achieved by defensibly culling the amount of data that is passed on to further steps in the e-discovery process, by allowing in-house attorneys to 'go back to the well' and refine their searches, either coming up with more data (to avoid sanctions) or refining existing data sets to the relevant documents to pass on for further consideration." (Marketscope for E-Discovery Software Vendors, Debra Logan, 2009)
About Mindseye Solutions:
Mindseye Solutions is creating next generation technologies designed to drive the evolution and growth of the electronic discovery industry. Founded by experienced electronic discovery professionals, Mindseye Solutions brings a rare blend of industry specific consultative, operational and software development vision to each application we design. The Mindseye Solutions mission is to create innovative technology that addresses our three core values accountability, efficiency, and agility. These core values are our guiding philosophy in developing solutions that empower organizations to reduce risk, limit the potential for exposure and create a structured repeatable process to minimize business disruption.
For More Info: Click Here
Cloud computing in 2010: Be ready for risk management challenges
As information security program managers begin the new year, it's common practice to identify the key themes that will affect an enterprise security strategy.
However, there's one theme that arguably stands out above all others: cloud computing. The tough economic climate does help make the case for cloud computing very persuasive. Because on-demand resources are dynamically scalable and flexible; on-demand resources have been the hot topic of 2009 and will always be attractive to businesses large and small. Whatever the state of the economy during 2010, cloud computing will surely continue to change the way we do IT.
For everyone involved in trying to protect their organizations' network users and data, a move to cloud computing will present a huge change and challenge. Compliance regulations will most likely prevent an enterprise from moving all its data and operations to the cloud, so the transition is in fact an additional security challenge on top of protecting existing network infrastructures. Moving to the cloud requires data and applications to be placed outside the comfort zone of well-established perimeter defenses and physical access controls. An increasing number of users who don't come under the controls of HR, such as suppliers, clients and partners, will access your data via Web-based collaboration tools. IT administrators already struggle with the task of securing mobile users who access corporate networks, but cloud computing is on a different scale altogether.To Continue Reading: Click Here
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Source: searchsecurity.techtarget.com
By: Michael Cobb
United States: E-Discovery: Doing It In An "Ignorant And Indifferent Fashion" May Lead To Sanctions
Judge Scheindlin's opinion in Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC indicates that courts are taking e-discovery obligations seriously and will sanction parties that fail to abide by the standards set forth by the courts.
In what will likely be an often-cited opinion, Judge Shira Scheindlin, author of the Zubulake decisions—some of the leading cases in e-discovery—issued an 87-page, wide-ranging opinion (officially titled "Zubulake Revisited: Six Years Later") sanctioning 13 plaintiffs for failing to meet their discovery obligations. Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities, LLC, No. 05 Civ. 9016 (S.D.N.Y. Jan. 15, 2010).
Background
In this case, a group of investors brought suit to recover losses resulting from the liquidation of two British Virgin Islands based hedge funds. Although the plaintiffs commenced the lawsuit in February 2004, 13 of these plaintiffs neglected to issue written preservation notices until 2007. By the time that these plaintiffs attempted to comply with their preservation obligations, relevant documents had either been lost or destroyed. Additionally, the plaintiffs failed to conduct a diligent document collection and review. Rather, many of the plaintiffs did not provide supervision over the collection process, sometimes allowing inexperienced employees to search their own documents without any instructions. Other plaintiffs failed to collect any documents at all from key employees or search locations in which the documents would likely be found.
To Continue Reading: Click Here---------------------------------------------
Source: mondaq.com
By: Paul Devinsky
Questions You Need Answered Before Going Cloud
While cloud vendors trumpet the savings and flexibility they can provide compared to on-premise IT, they don't, as a matter of course, address key e-discovery issues. Before signing any tempting deals, experts say, CIOs must hold vendors' feet to the fire about how--and how quickly--the vendor will help meet data requests in the face of lawsuits, compliance audits, data breaches and other legal situations.
Even without the cloud factor, many companies admit they aren't well-prepared for e-discovery. Eighty-seven percent of companies have a policy to manage electronically stored information, but less than half--46 percent--have a policy that specifically addresses e-discovery, according to a recent survey of 461 corporate IT and legal executives conducted by Kroll Ontrack, an e-discovery consultancy.
To Continue Reading: Click Here
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Source: sfgate.com
By: Kim S. Nash
Are We Just Doing The 'Information' Time Warp?
For those that have seen "The Rocky Horror Picture Show", you'll know what I mean when I say "time warp". Predicting trends, however, in information management is hardly just a "jump to the left" or "a step to the right". Where will we be in 2010 with information governance, eDiscovery, Compliance and archiving? For some, worrying about the right strategy isn't something to think about since the world is going to end in December 2012 (according to the Mayan Calendar and of course Hollywood). Right?
Well, despite my personal interest in all things controversially ancient, be assured my mind is very firmly planted in dealing with the present and information alignment is again at the forefront of our minds. Predicting what will happen in the way we access information is a bit like finding the elixir to life: we sense that it might exist, we follow our instincts to move us in the right direction, but we're not sure where the journey will take us.
Consider this question on information access: Will people in 2010 switch from being reactive to proactive in ESI data discovery to deliver a better and more "ready" approach to structured and unstructured information management? I think so. After attending the 8th Annual eDiscovery event in NYC at the beginning of December and the eDiscovey pharma event in Philadelphia in September, it is clear to me that inside counsel in many organizations are faced with litigation costs that are spiraling out of control due to repetitive information discovery tasks. Consequently they are totally turned on to making electronic discovery more efficient and reducing the consequential litigation cost of outside counsel. Their question is more about how to do it, not whether they should.
Consequently, I predict that 2010 WILL be a defining year for US organizations seeking proactive information management solutions. For the rest of the world now coming to terms with the underworld effects of discovery, 2010 will be the year of enlightenment.
To Continue Reading: Click Here
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Source: datastorageconnection.com
By: Simon Taylor
Well, despite my personal interest in all things controversially ancient, be assured my mind is very firmly planted in dealing with the present and information alignment is again at the forefront of our minds. Predicting what will happen in the way we access information is a bit like finding the elixir to life: we sense that it might exist, we follow our instincts to move us in the right direction, but we're not sure where the journey will take us.
Consider this question on information access: Will people in 2010 switch from being reactive to proactive in ESI data discovery to deliver a better and more "ready" approach to structured and unstructured information management? I think so. After attending the 8th Annual eDiscovery event in NYC at the beginning of December and the eDiscovey pharma event in Philadelphia in September, it is clear to me that inside counsel in many organizations are faced with litigation costs that are spiraling out of control due to repetitive information discovery tasks. Consequently they are totally turned on to making electronic discovery more efficient and reducing the consequential litigation cost of outside counsel. Their question is more about how to do it, not whether they should.
Consequently, I predict that 2010 WILL be a defining year for US organizations seeking proactive information management solutions. For the rest of the world now coming to terms with the underworld effects of discovery, 2010 will be the year of enlightenment.
To Continue Reading: Click Here
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Source: datastorageconnection.com
By: Simon Taylor
Tuesday, January 26, 2010
How safe is your deduplicated data?
As more organizations move to disk-based backup with dedupe, the glaring absence of high availability (HA) in many of today’s offerings is becoming apparent.
Data deduplication is a hot technology, since it can really help to reduce overall backup costs by storing months or years worth of backup data very efficiently on disk. (Greg Shulz delivered a fairly good presentation in April 2007 at Storage Networking World (SNW) that goes over trends in storage and how dedupe is part of that trend (PDF), and another article here about demystifying data deduplicaiton.)
If the dedupe solution breaks though, what happens to the months of data stored behind it on disk? Since data deduplication solutions can store a lot of data, you can end up with a lot of eggs (backups in this case) in a one basket. It's obvious that RAID protection alone is not enough when you store multiple backups on non-removable media that can fail.
With non-HA dedupe solutions, if the solution fails, there are no tapes to go back to recover. This is why having tapes around is still a good thing (especially for long term archives) and why high availability clustering is a must for dedupe.
To Continue Reading: Click Here
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Source: computerworld.com
By: Chris Poelker
Data deduplication is a hot technology, since it can really help to reduce overall backup costs by storing months or years worth of backup data very efficiently on disk. (Greg Shulz delivered a fairly good presentation in April 2007 at Storage Networking World (SNW) that goes over trends in storage and how dedupe is part of that trend (PDF), and another article here about demystifying data deduplicaiton.)
If the dedupe solution breaks though, what happens to the months of data stored behind it on disk? Since data deduplication solutions can store a lot of data, you can end up with a lot of eggs (backups in this case) in a one basket. It's obvious that RAID protection alone is not enough when you store multiple backups on non-removable media that can fail.
With non-HA dedupe solutions, if the solution fails, there are no tapes to go back to recover. This is why having tapes around is still a good thing (especially for long term archives) and why high availability clustering is a must for dedupe.
To Continue Reading: Click Here
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Source: computerworld.com
By: Chris Poelker
E-Mails Show New York Fed Lawyers' Push to Hide AIG Details
E-mails among in-house lawyers at the Federal Reserve Bank of New York show they worked feverishly in early January 2009 to find a way to keep secret the details behind American International Group Inc.'s $60 billion in payments to counterparties in risky credit default swaps. And, the e-mails show, the lawyers weren't trying to hide the details just from the public but also from Congress.
A Fed spokesman was not immediately available for comment.
The records show that in-house counsel James Bergin wrote to New York Fed general counsel Thomas Baxter Jr. on Jan. 8 that the Securities and Exchange Commission had asked AIG to either disclose the payment schedule, including the counterparties' names and the amount of payments, or file a request for confidentiality. With the request, the SEC requires filers to send the confidential material so it could be reviewed by staff. It also requires the filer to consent to disclosure to Congress and other agencies, he said.
"This requirement is giving us some pause," Bergin wrote to Baxter, "since we haven't otherwise disclosed this information to Congress." Copied were various Fed lawyers, including deputy general counsel Joyce Hansen and banking supervisor Stephanie Heller. Congress had approved AIG's bailout funds, which were used in the payments. Bergin said Fed lawyers were considering their options on the SEC's request.
On the morning of Jan. 13, according to another Bergin e-mail to in-house lawyers, he spoke by phone to SEC staff members who were "receptive" to his request for confidentiality. Included on the call, he said, was Alison Thro, senior counsel for Freedom of Information Act matters at the Fed. The SEC agreed to consider Bergin's request for an alternative procedure for reviewing the schedule -- "rather than it [the schedule] becoming an SEC record subject to their FOIA process."
To Continue Reading: Click Here
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Source: law.com
By: Sue Reisinger
A Fed spokesman was not immediately available for comment.
The records show that in-house counsel James Bergin wrote to New York Fed general counsel Thomas Baxter Jr. on Jan. 8 that the Securities and Exchange Commission had asked AIG to either disclose the payment schedule, including the counterparties' names and the amount of payments, or file a request for confidentiality. With the request, the SEC requires filers to send the confidential material so it could be reviewed by staff. It also requires the filer to consent to disclosure to Congress and other agencies, he said.
"This requirement is giving us some pause," Bergin wrote to Baxter, "since we haven't otherwise disclosed this information to Congress." Copied were various Fed lawyers, including deputy general counsel Joyce Hansen and banking supervisor Stephanie Heller. Congress had approved AIG's bailout funds, which were used in the payments. Bergin said Fed lawyers were considering their options on the SEC's request.
On the morning of Jan. 13, according to another Bergin e-mail to in-house lawyers, he spoke by phone to SEC staff members who were "receptive" to his request for confidentiality. Included on the call, he said, was Alison Thro, senior counsel for Freedom of Information Act matters at the Fed. The SEC agreed to consider Bergin's request for an alternative procedure for reviewing the schedule -- "rather than it [the schedule] becoming an SEC record subject to their FOIA process."
To Continue Reading: Click Here
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Source: law.com
By: Sue Reisinger
Monday, January 25, 2010
6 Ways Document Management and Records Management Differ
With the growing importance of compliance and eDiscovery issues for many companies, it might be time to consider deploying a records management system. Chances are that your company already uses some kind of document management system. The question is, will your document management system also support records management?
At the core of this question is what is the differences between document management and records management. Let's examine six differences.
1. Documents v Records
What are documents?
Documents consist of information or data that can be structured or unstructured and accessed by people in an organization.
What are records?
Records provide evidence of the activities of a given organization’s functioning and policies. Records often have strict compliance requirements regarding their retention, access and destruction, and generally have to be kept unchanged. There are often very stiff penalties for not doing so.
By some estimates, and depending on the company, 90% or more of all documents are records (meaning a portion of them are not!). Conversely, all records are documents.
To Continue Reading: Click Here
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Source: cmswire.com
By: David Roe
At the core of this question is what is the differences between document management and records management. Let's examine six differences.
1. Documents v Records
What are documents?
Documents consist of information or data that can be structured or unstructured and accessed by people in an organization.
What are records?
Records provide evidence of the activities of a given organization’s functioning and policies. Records often have strict compliance requirements regarding their retention, access and destruction, and generally have to be kept unchanged. There are often very stiff penalties for not doing so.
By some estimates, and depending on the company, 90% or more of all documents are records (meaning a portion of them are not!). Conversely, all records are documents.
To Continue Reading: Click Here
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Source: cmswire.com
By: David Roe
Top 10 Cloud Computing Security Recommendations
For the last year, security professional have been bombarded by questions about cloud security. The recent Google (News - Alert)/ China incident has increased the volume of questions and given articles like “China, Google and the Cloud Wars” by the Wall Street Journal and others, the question of security the cloud is not in the forefront. After the onset of inquiries, the following top 10 list for cloud security recommendations was created.
1. Those exploring cloud solutions should establish their risk appetite and evaluate offerings against it.
2. Companies looking for cloud solutions should establish a cloud provider security risk profile and update it at least annually.
3. Those exploring cloud solutions should use a risk vector analysis matrix to evaluate cloud providers and those served by the same cloud vendor.
4. Make sure you evaluate the security program for cloud computing vendors up front and use it to narrow down potential vendors.
5. Ensure your contract with the cloud provider includes ongoing security reviews and language mandating immediate notification (within 24 hours) of serious security events.
To Continue Reading: Click Here
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Source: Data Voice Solutions
By: Kevin G. Coleman
1. Those exploring cloud solutions should establish their risk appetite and evaluate offerings against it.
2. Companies looking for cloud solutions should establish a cloud provider security risk profile and update it at least annually.
3. Those exploring cloud solutions should use a risk vector analysis matrix to evaluate cloud providers and those served by the same cloud vendor.
4. Make sure you evaluate the security program for cloud computing vendors up front and use it to narrow down potential vendors.
5. Ensure your contract with the cloud provider includes ongoing security reviews and language mandating immediate notification (within 24 hours) of serious security events.
To Continue Reading: Click Here
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Source: Data Voice Solutions
By: Kevin G. Coleman
Ethics and Ediscovery Review
A recent study1 published by the Ediscovery Institute based on a survey of leading ediscovery providers (Deduping Survey) shows that, despite the technical ability to suppress or consolidate duplicates within an electronic document population, chances are about 50:50 that your outside counsel fails to take advantage of this technology, opting instead to doublebill for reviewing unnecessary duplicates for privilege, confidentiality and relevance. The study shows that, on average, law firms that do not consolidate duplicates across custodians are reviewing 27 percent more records than needed, and in some cases 60 percent or more, raising serious ethical issues involving conflicts of interest and technical competency.
Background on Duplicate Consolidation
The bulk of this article involves the extent to which law firms and companies may be failing to consolidate duplicate electronic records before engaging in document reviews. The idea is pretty simple: If one of your employees emails four other employees, that email may be found in the records of those five employees during discovery. In the ediscovery review world, there is no need to keep and review all five copies. There is technology available today that is able to:
• identify the fact that all five records are virtually identical; and
• consolidate the information about all five copies in the repository database fields, so that when reviewers are looking at a record, they can see who had copies of it and in what folders or directories those people kept their copies.
If duplicate records are not consolidated, multiple reviewers will look at exactly the same content to make exactly the same decisions. Not only does this duplicate review efforts, it wastes time. This is not double-billing by analogy; it is double-billing by definition.
The Deduping Survey asked leading ediscovery vendors in May 2009 to provide metrics on the results they obtained using different treatment options for addressing duplicate electronic documents. The results provided data points on the reductions in the volume of ediscovery requiring review, depending on whether the duplicate consolidation was performed only within the records of single custodians or across all custodians.
To Continue Reading: Click Here
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Source: ediscoveryinstitute.org
By: Anne Kershaw, Patrick Oot, and Joe Howie
MoD admits 16 breaches of security via social media sites
Under the Freedom of Information Act, Lewis PR asked the Ministry of Defence how many incidents there have been of confidential information or records being leaked via social media sites and the internet in the last 18 months.The MoD said 16. It was more slippery when Lewis PR asked what disciplinary actions had been taken against employees for misuse of social media, and how many have been disciplined.
This was the MoD's reply:
"Service personnel are dealt with under Warnings and Sanctions or Service Law. The number of Service personnel who have been disciplined in the last 18 months is 10 (this figure has been rounded)."
Civilian personnel in the Ministry of Defence could receive informal or formal disciplinary action. The level of detail you requested, disciplinary action for the misuse of social media, is not held centrally.
"The Freedom of Information Act does not require us to change any system or process used by the Ministry of Defence or the Armed Forces to fully respond to requests for information, therefore we are unable to meet this part of your request."
To Continue Reading: Click Here
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Source: computerweekly.com
By: Tony Collins
This was the MoD's reply:
"Service personnel are dealt with under Warnings and Sanctions or Service Law. The number of Service personnel who have been disciplined in the last 18 months is 10 (this figure has been rounded)."
Civilian personnel in the Ministry of Defence could receive informal or formal disciplinary action. The level of detail you requested, disciplinary action for the misuse of social media, is not held centrally.
"The Freedom of Information Act does not require us to change any system or process used by the Ministry of Defence or the Armed Forces to fully respond to requests for information, therefore we are unable to meet this part of your request."
To Continue Reading: Click Here
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Source: computerweekly.com
By: Tony Collins
Outsourcing reaches the business press – so the clients will read all about it
The UK’s appetite for stories and comment about outsourcing remains undimmed. A a long article in The Times on 15 January carried the title Brief for India’s outsourcing lawyers: keep it cheap. Ron Friedmann of outsourcers Integreon, an astute observer of the international outsourcing market, wonders what prompts this show of UK interest in outsourcing with, he reckons, at least one article a week in the British legal press. I am not the only one to have invoked the traditional attributes of Lemmngs on this subject (see Georgetown Law: to Insource or to Outsource by George Rudoy). A more realistic and less clichéd reaction would be that the subject has grown slowly in importance in the US and arrived fully-formed in the UK.
Whilst other firms had mentioned discretely to their clients that they knew a few foreign chaps who could do the grunt work much more cheaply than was possible in London EC2, Pinsent Masons announced it as a positive strategy to be marketed to their clients, and accompanied the announcement with a mass of useful information on Out-Law (which is, I have to say, the place I go to first if I want to catch up with any IT or e-commerce law).
To Continue Reading: Click Here
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Source: e-Disclosure Information Project
By: Chris Dale
Whilst other firms had mentioned discretely to their clients that they knew a few foreign chaps who could do the grunt work much more cheaply than was possible in London EC2, Pinsent Masons announced it as a positive strategy to be marketed to their clients, and accompanied the announcement with a mass of useful information on Out-Law (which is, I have to say, the place I go to first if I want to catch up with any IT or e-commerce law).
To Continue Reading: Click Here
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Source: e-Disclosure Information Project
By: Chris Dale
Sunday, January 24, 2010
Social Media: What It Is and Why It Matters
A sneak peek into the upcoming LPM book The Lawyer’s Guide to Social Media.
Let’s face it, social media can be overwhelming. You’ve probably been inundated with articles, e-mails and free webinars from self-professed social media experts who rave about the magical power of social media to attract dozens of clients, invigorate your practice and transform a kid out of law school into an insta-expert on a specific legal topic in 60 days or less. On the other end of the spectrum come the naysayers, of course, who warn that social media is at best a frivolous time sink and at worst a risky proposition that exposes lawyers to ethics violations and jeopardizes their privacy and reputations.
From our perspective, though, social media is neither inherently wondrous nor worthless but rather it derives its value from what you make of it. We believe in lawyers using a practical, goal-centric approach to social media, with the goal of enabling lawyers to (1) identify the social medial platforms and tools that fit their practices and (2) implement them easily, efficiently and ethically.
With that in mind, here are three themes that lawyers must grasp in order to use social media effectively in 2010 and beyond.
ONE: SOCIAL MEDIA IS NOT A FAD OR A FRIVOLITY, BUT A PARADIGM SHIFT SWEEPING BOTH THE LEGAL PROFESSION AND SOCIETY AT LARGE.
Many lawyers view social media either as a passing fad or a frivolity for those with too much time on their hands. But lawyers who dismiss social media do so at their peril. Not only is social media gaining traction within the public at large, but as it does, it is permanently altering the way that potential clients—from individual consumers to the in-house counsel of mega-corporations—evaluate their need for legal services and identify and select the lawyer best-suited to serve those needs.
There are at least five reasons why social media will continue to grow in prominence:
•The Face of the New Generation. Social media is no longer just for kids. Consider Facebook, a top three social media platform with more than 300 million users worldwide http://www.facebook.com/press/info.php?statistics. Facebook initially launched across college campuses in 2003 and its first generation of users are entering the workforce en masse, poised to become tomorrow’s potential law firm clients, if they haven’t already. Rather than abandoning Facebook after leaving campus, they are integrating Facebook into their professional lives, using it to stay in contact with friends and co-workers, network, make hiring decisions (or at least vet potential candidates) and promote their companies. Moreover,these early adopters are converting others; the fastest growing demographic on Facebook is 35 years old and older.
To Continue Reading: Click Here
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Source: abanet.org
By: Niki Black & Carolyn Elefant
Let’s face it, social media can be overwhelming. You’ve probably been inundated with articles, e-mails and free webinars from self-professed social media experts who rave about the magical power of social media to attract dozens of clients, invigorate your practice and transform a kid out of law school into an insta-expert on a specific legal topic in 60 days or less. On the other end of the spectrum come the naysayers, of course, who warn that social media is at best a frivolous time sink and at worst a risky proposition that exposes lawyers to ethics violations and jeopardizes their privacy and reputations.
From our perspective, though, social media is neither inherently wondrous nor worthless but rather it derives its value from what you make of it. We believe in lawyers using a practical, goal-centric approach to social media, with the goal of enabling lawyers to (1) identify the social medial platforms and tools that fit their practices and (2) implement them easily, efficiently and ethically.
With that in mind, here are three themes that lawyers must grasp in order to use social media effectively in 2010 and beyond.
ONE: SOCIAL MEDIA IS NOT A FAD OR A FRIVOLITY, BUT A PARADIGM SHIFT SWEEPING BOTH THE LEGAL PROFESSION AND SOCIETY AT LARGE.
Many lawyers view social media either as a passing fad or a frivolity for those with too much time on their hands. But lawyers who dismiss social media do so at their peril. Not only is social media gaining traction within the public at large, but as it does, it is permanently altering the way that potential clients—from individual consumers to the in-house counsel of mega-corporations—evaluate their need for legal services and identify and select the lawyer best-suited to serve those needs.
There are at least five reasons why social media will continue to grow in prominence:
•The Face of the New Generation. Social media is no longer just for kids. Consider Facebook, a top three social media platform with more than 300 million users worldwide http://www.facebook.com/press/info.php?statistics. Facebook initially launched across college campuses in 2003 and its first generation of users are entering the workforce en masse, poised to become tomorrow’s potential law firm clients, if they haven’t already. Rather than abandoning Facebook after leaving campus, they are integrating Facebook into their professional lives, using it to stay in contact with friends and co-workers, network, make hiring decisions (or at least vet potential candidates) and promote their companies. Moreover,these early adopters are converting others; the fastest growing demographic on Facebook is 35 years old and older.
To Continue Reading: Click Here
---------------------------------------------
Source: abanet.org
By: Niki Black & Carolyn Elefant
Saturday, January 23, 2010
The Law of Unintended E-Consequences
Everyone who has ever worked on a tech project, whether in e-commerce or general business, has probably seen situations in which an assumed solution creates a bigger mess than the original problem. The military even coined a now widely used term for this situation -- SNAFU -- with which many people are familiar, but maybe not of its origins or full meaning.
Scholars have created a more formal statement of the same law of human -- and machine -- nature: "the law of unintended consequences." Best-selling author Stephen J. Dubner and economist Steven D. Levitt have discussed this behaviorial principle extensively in their books and New York Times columns.
OLD HAT, NEW FASHIONS
This law is certainly not new. Even so, the widely cited mocking definition of a "computer" as "a device designed to speed and automate errors" shows how well this concept is suited to the Digital Age. Certainly, examples of technology projects gone horribly awry are common in the public and private sectors, with ramifications far worse than the situations they were intended to fix. Hershey's software upgrade that caused the candy producer to miss a Halloween season, for example, or Virginia's infamous temporary inability to issue driver's licenses are perhaps two of the best-known fiascos (or at least those that were not hushed up by confidential settlements). Domino's Pizza even resorted to creating its own online ordering system after a third-party application "became a real source of pushback" from disgruntled franchisees, according to Domino's CIO.
On the consumer front, an elderly pastor's attempt to cancel his telecommunications service and replace it with a bundled phone and internet service turned into a major dispute over the confusing terms of the provider's offer -- as it did with 35,000 other customers who filed formal complaints about the perhaps not-so-simple installation offer. (See "Consumer Watch: Breaking Up Is Hard to Do," Philadelphia Inquirer, Dec. 6, 2009.)
To Continue Reading: Click Here
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Source: Law
By: Stanley P. Jaskiewicz
Scholars have created a more formal statement of the same law of human -- and machine -- nature: "the law of unintended consequences." Best-selling author Stephen J. Dubner and economist Steven D. Levitt have discussed this behaviorial principle extensively in their books and New York Times columns.
OLD HAT, NEW FASHIONS
This law is certainly not new. Even so, the widely cited mocking definition of a "computer" as "a device designed to speed and automate errors" shows how well this concept is suited to the Digital Age. Certainly, examples of technology projects gone horribly awry are common in the public and private sectors, with ramifications far worse than the situations they were intended to fix. Hershey's software upgrade that caused the candy producer to miss a Halloween season, for example, or Virginia's infamous temporary inability to issue driver's licenses are perhaps two of the best-known fiascos (or at least those that were not hushed up by confidential settlements). Domino's Pizza even resorted to creating its own online ordering system after a third-party application "became a real source of pushback" from disgruntled franchisees, according to Domino's CIO.
On the consumer front, an elderly pastor's attempt to cancel his telecommunications service and replace it with a bundled phone and internet service turned into a major dispute over the confusing terms of the provider's offer -- as it did with 35,000 other customers who filed formal complaints about the perhaps not-so-simple installation offer. (See "Consumer Watch: Breaking Up Is Hard to Do," Philadelphia Inquirer, Dec. 6, 2009.)
To Continue Reading: Click Here
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Source: Law
By: Stanley P. Jaskiewicz
Friday, January 22, 2010
Social Networking: A Workplace Policy
The first part of this article addressed issues surrounding the effect of the internet on hiring and firing in the 21st Century.This article discusses the laws that impact social networking in the workplace and provides guidance on developing a social networking and blogging policy.
OFF-DUTY CONDUCT STATUTES AND PRIVACY LAWS
Many states have enacted off-duty conduct statutes, which prohibit an employer from disciplining an employee for engaging in lawful conduct while away from the employer's premises. These states include, most notably, California, Colorado and New York. However, these statutes also provide exceptions that allow employers to limit otherwise lawful, off-duty conduct where it creates a material conflict of interest for the employer or is reasonably related to the employee's job. For example, the New York statute allows an employer to discharge an employee for off-duty conduct that creates a material conflict of interest related to trade secrets, proprietary information, or some other business interest.
In addition, courts interpreting these statutes have granted employers broad discretion in disciplining employees where the employer can show that the off-duty conduct has damaged the business, hurt the employer's interests, or is otherwise inconsistent with the employer's business needs. It should also be noted that a handful of jurisdictions, namely, Connecticut, the District of Columbia, Louisiana, New York, South Carolina, and Washington, protect employees from being discharged or otherwise disciplined for engaging in political activity or speech.
To Continue Reading: Click Here
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Source: law.com
By: William C. Martucci, Kristen A. Page, and Jennifer K. Oldvader
OFF-DUTY CONDUCT STATUTES AND PRIVACY LAWS
Many states have enacted off-duty conduct statutes, which prohibit an employer from disciplining an employee for engaging in lawful conduct while away from the employer's premises. These states include, most notably, California, Colorado and New York. However, these statutes also provide exceptions that allow employers to limit otherwise lawful, off-duty conduct where it creates a material conflict of interest for the employer or is reasonably related to the employee's job. For example, the New York statute allows an employer to discharge an employee for off-duty conduct that creates a material conflict of interest related to trade secrets, proprietary information, or some other business interest.
In addition, courts interpreting these statutes have granted employers broad discretion in disciplining employees where the employer can show that the off-duty conduct has damaged the business, hurt the employer's interests, or is otherwise inconsistent with the employer's business needs. It should also be noted that a handful of jurisdictions, namely, Connecticut, the District of Columbia, Louisiana, New York, South Carolina, and Washington, protect employees from being discharged or otherwise disciplined for engaging in political activity or speech.
To Continue Reading: Click Here
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Source: law.com
By: William C. Martucci, Kristen A. Page, and Jennifer K. Oldvader
Users Still Make Hacking Easy with Weak Passwords
In a report likely to make IT administrators tear out their hair, most users still rely on easy passwords, some as simple as "123456," to access their accounts.
Drowning in Passwords: Tips and Tools to Stay Safe and Sane
How to Protect Your Online Passwords
A report released today by database security vendor Imperva Inc. serves as another reminder of why IT administrators need to enforce strong password policies on enterprise applications and systems.
Imperva's report is based on an analysis of 32 million passwords that were exposed in a recent database intrusion at RockYou Inc. a developer of several popular Facebook applications. The passwords belonged to users who had registered with RockYou and had been stored by the company in clear text on the compromised database. The hacker responsible for the intrusion later posted the entire list of 32 million passwords on the Internet.
An analysis of that list provides the latest confirmation that a majority of users still don't care about the strength of their passwords if they are left to choose on their own.
To Continue Reading: Click Here
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Source: cio.com
By: Jaikumar Vijayan
Drowning in Passwords: Tips and Tools to Stay Safe and Sane
How to Protect Your Online Passwords
A report released today by database security vendor Imperva Inc. serves as another reminder of why IT administrators need to enforce strong password policies on enterprise applications and systems.
Imperva's report is based on an analysis of 32 million passwords that were exposed in a recent database intrusion at RockYou Inc. a developer of several popular Facebook applications. The passwords belonged to users who had registered with RockYou and had been stored by the company in clear text on the compromised database. The hacker responsible for the intrusion later posted the entire list of 32 million passwords on the Internet.
An analysis of that list provides the latest confirmation that a majority of users still don't care about the strength of their passwords if they are left to choose on their own.
To Continue Reading: Click Here
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Source: cio.com
By: Jaikumar Vijayan
Microsoft Reduces Bing Data Retention Times
Microsoft on Monday announced moves to reduce data retention times for Internet queries initiated through the company's Bing search engine.
Peter Cullen, Microsoft's chief privacy strategist, said in a statement that the company will delete IP addresses after six months and will remove cookie IDs and other cross-session IDs after 18 months.
"It's definitely a step in the right direction," commented Peter Eckersley, staff technologist for the Electronic Frontier Foundation (EFF), in a telephone interview "However, there's still an enormous gulf between what a reasonable person expects in matters of personal data, and the reality of the types and amount of data search engine companies actually retain."
EFF is a nonprofit consumer and legal advocacy group headquartered in San Francisco that focuses on a number of Internet issues, including data retention by search providers.
According to Eckersley, America's top three search companies are all making efforts to "at least look like" they are reducing the hold periods and limiting the amount of data they retain.
Yahoo's current IP address retention is three months, while Microsoft and Google are now holding onto IP info for six and nine months, respectively.
Search engine providers typically explain that the data needs to be retained to improve their search services.
To Continue Reading: Click Here
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Source: rcpmag.com
By: Herb Torrens
Peter Cullen, Microsoft's chief privacy strategist, said in a statement that the company will delete IP addresses after six months and will remove cookie IDs and other cross-session IDs after 18 months.
"It's definitely a step in the right direction," commented Peter Eckersley, staff technologist for the Electronic Frontier Foundation (EFF), in a telephone interview "However, there's still an enormous gulf between what a reasonable person expects in matters of personal data, and the reality of the types and amount of data search engine companies actually retain."
EFF is a nonprofit consumer and legal advocacy group headquartered in San Francisco that focuses on a number of Internet issues, including data retention by search providers.
According to Eckersley, America's top three search companies are all making efforts to "at least look like" they are reducing the hold periods and limiting the amount of data they retain.
Yahoo's current IP address retention is three months, while Microsoft and Google are now holding onto IP info for six and nine months, respectively.
Search engine providers typically explain that the data needs to be retained to improve their search services.
To Continue Reading: Click Here
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Source: rcpmag.com
By: Herb Torrens
Thursday, January 21, 2010
AIIM Identifies 8 Ways You Can Improve Information Management
The problem of unstructured information floating around enterprises has reached such epidemic proportions that AIIM (news, site) has decided to take to the road at six locations over the coming months to persuade companies to develop a holistic information strategy.
The six seminars will take the guise of AIIM's “8 things about …” framework and will specifically look at eight factors to consider when creating an information strategy for enterprises.
You just know there’s a lot to say about this. Even the title is a mouthful: 8 Factors to Consider in Creating an Information Management Strategy: How Your Organization Can Improve Efficiency, Increase Productivity, and Reduce Risk.
At the heart of it, though, is the very serious problem that 80% of information in many organizations is unstructured with many of those organization’s “winging it” when it comes to information strategies, according to AIIM president John Mancini on his blog.
The seminar dates are available from the AIIM website with registration open at the moment. The events are free and come with the warning from Mancini that, “the strategic imperative to manage information effectively will soon become irreversible — with devastating consequences for those who assume it is otherwise.”
To Continue Reading: Click Here
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Source: cmswire.com
By: David Roe
The six seminars will take the guise of AIIM's “8 things about …” framework and will specifically look at eight factors to consider when creating an information strategy for enterprises.
You just know there’s a lot to say about this. Even the title is a mouthful: 8 Factors to Consider in Creating an Information Management Strategy: How Your Organization Can Improve Efficiency, Increase Productivity, and Reduce Risk.
At the heart of it, though, is the very serious problem that 80% of information in many organizations is unstructured with many of those organization’s “winging it” when it comes to information strategies, according to AIIM president John Mancini on his blog.
The seminar dates are available from the AIIM website with registration open at the moment. The events are free and come with the warning from Mancini that, “the strategic imperative to manage information effectively will soon become irreversible — with devastating consequences for those who assume it is otherwise.”
To Continue Reading: Click Here
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Source: cmswire.com
By: David Roe
Successful E-Discovery Starts with a Strong Foundation
In a typical matter, attorneys tend to focus on the analysis and review stage of the Electronic Discovery Reference Model. But if much of the collected data in the review platform is unnecessary, insufficient, spoiled or irrelevant, then reviewers have just bought themselves a load of e-discovery trouble. Attorneys need the earlier EDRM stages (information management, identification, collection and preservation) to work and to work well so that only highly relevant and fully auditable data is sent to formal review.
However, this degree of early e-discovery has been difficult to accomplish. Several factors contribute to the challenge, including a lack of communication between IT and legal, budget concerns, difficulty issuing large-scale legal holds and the overwhelming task of searching through massive electronically stored information (ESI) for relevant data. Fortunately for the corporate e-discovery process, there are ways to overcome these challenges. The result of this preparation will be a highly effective e-discovery workflow along with huge cost savings downstream.
To Continue Reading: Click Here
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Source: information-management.com
By: Ursula Talley
However, this degree of early e-discovery has been difficult to accomplish. Several factors contribute to the challenge, including a lack of communication between IT and legal, budget concerns, difficulty issuing large-scale legal holds and the overwhelming task of searching through massive electronically stored information (ESI) for relevant data. Fortunately for the corporate e-discovery process, there are ways to overcome these challenges. The result of this preparation will be a highly effective e-discovery workflow along with huge cost savings downstream.
To Continue Reading: Click Here
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Source: information-management.com
By: Ursula Talley
Microsoft seeks legal protections for data stored in cloud
General Counsel says today's federal data protection laws were written at dawn of PC age
Microsoft Corp.'s top legal official today called on Congress to create new laws that would give data stored in the cloud the same protections as data stored on a PC. He also called for tougher penalties for hackers who access data centers, citing significant damage that's often done in such attacks.
Brad Smith, senior vice president and general counsel at Microsoft, told an audience at a Brookings Institution forum here today that laws now protecting electronic data were written in the early days of PCs. "We need Congress to modernize the laws and adapt them to the cloud," he said.
While many consumers have adopted cloud computing by subscribing to e-mail services like Google Gmail, to social networks like Facebook and to Microsoft's increasing online services offerings, enterprises have been somewhat cautious about moving corporate data to hosted systems due to legal and security concerns both here and abroad. Those fears have been causing problem for IT vendors, forcing some to provide significant protections to large users.
To Continue Reading: Click Here
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Source: computerworld.com
By: Patrick Thibodeau
Microsoft Corp.'s top legal official today called on Congress to create new laws that would give data stored in the cloud the same protections as data stored on a PC. He also called for tougher penalties for hackers who access data centers, citing significant damage that's often done in such attacks.
Brad Smith, senior vice president and general counsel at Microsoft, told an audience at a Brookings Institution forum here today that laws now protecting electronic data were written in the early days of PCs. "We need Congress to modernize the laws and adapt them to the cloud," he said.
While many consumers have adopted cloud computing by subscribing to e-mail services like Google Gmail, to social networks like Facebook and to Microsoft's increasing online services offerings, enterprises have been somewhat cautious about moving corporate data to hosted systems due to legal and security concerns both here and abroad. Those fears have been causing problem for IT vendors, forcing some to provide significant protections to large users.
To Continue Reading: Click Here
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Source: computerworld.com
By: Patrick Thibodeau
Wednesday, January 20, 2010
Authenticating Web Pages as Evidence
Plaintiff sues your client, claiming that his injuries have significantly affected his lifestyle. He is unable to work, travel or bowl. Not surprisingly, his spouse alleges loss of consortium. On the eve of trial, you discover pictures and other details on a social networking website about plaintiff's recent trip to the International Bowling Museum & Hall of Fame, including a picture of plaintiff proudly holding a fluorescent orange bowling ball and a four-foot tall gilded trophy dated four days earlier. As you approach the witness with printouts of the web pages, you are stopped in your tracks: "Objection, lack of foundation."
It is now routine for litigators to conduct internet research to work up a case. Indeed, for many litigators, one of the first things they do is see what is available about the opposing party, searching Google, social networking sites like Twitter, MySpace and Facebook, and the party's personal websites. During the life of any case, there will likely be valuable information obtained from the internet that will be used at deposition or trial. Commonly, the proponent of online evidence will present a screen shot of the web page, which was either downloaded as a .pdf or printed directly from the website. The process is like taking a photograph of the image as it appears on the monitor. In general, this captures not only the look, but also the download date and the URL. If proper steps are not taken to admit the evidence, the value of this information may be lost.
AUTHENTICITY
As with all evidence, the proponent must be prepared to establish that the evidence is relevant, authentic, and not subject to exclusion under the hearsay or best evidence rules. This article focuses on the second evidentiary hurdle: authenticity. Although the burden of authenticating a document is usually quite low, doing so for a screen shot of a website presents an additional challenge, as courts generally view such information with suspicion. As one federal district judge noted: "Anyone can put anything on the Internet. ... [The Internet is] one large catalyst for rumor, innuendo, and misinformation." St. Clair v. Johnny's Oyster & Shrimp, Inc., 76 F. Supp. 2d 773, 774-75 (S.D. Tex. 1999). It is "voodoo information." Id.
To Continue Reading: Click Here
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Source: Law
By: M. Anderson Berry and David Kiernan
It is now routine for litigators to conduct internet research to work up a case. Indeed, for many litigators, one of the first things they do is see what is available about the opposing party, searching Google, social networking sites like Twitter, MySpace and Facebook, and the party's personal websites. During the life of any case, there will likely be valuable information obtained from the internet that will be used at deposition or trial. Commonly, the proponent of online evidence will present a screen shot of the web page, which was either downloaded as a .pdf or printed directly from the website. The process is like taking a photograph of the image as it appears on the monitor. In general, this captures not only the look, but also the download date and the URL. If proper steps are not taken to admit the evidence, the value of this information may be lost.
AUTHENTICITY
As with all evidence, the proponent must be prepared to establish that the evidence is relevant, authentic, and not subject to exclusion under the hearsay or best evidence rules. This article focuses on the second evidentiary hurdle: authenticity. Although the burden of authenticating a document is usually quite low, doing so for a screen shot of a website presents an additional challenge, as courts generally view such information with suspicion. As one federal district judge noted: "Anyone can put anything on the Internet. ... [The Internet is] one large catalyst for rumor, innuendo, and misinformation." St. Clair v. Johnny's Oyster & Shrimp, Inc., 76 F. Supp. 2d 773, 774-75 (S.D. Tex. 1999). It is "voodoo information." Id.
To Continue Reading: Click Here
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Source: Law
By: M. Anderson Berry and David Kiernan
Poll Results Released on Cloud Computing from Integreon’s Virtual LegalTech Webinar
Craig Ball, Tom Morrissey and I recently discussed The Challenge of Preserving and Collecting Evidence in a Cloud for a CLE webinar hosted at Virtual LegalTech. For those not familiar with Virtual Legaltech, it is ALM’s online version of the well known LegalTech New York and LegalTech West Coast events. One key difference though is that Virtual LegalTech is free to attend for qualified registrants.
Cloud Computing and its eDiscovery Implications is a Hot Topic
Our cloud computing webinar was the best-attended session of the day with nearly 300 “live” attendees. Subsequently, another 100 viewed the replay. The strong attendance relative to most in-person or webinar eDiscovery topics highlights that cloud computing, and social networking too, are a hot topic these days. Certainly over the past several months, the news media has been overflowing with reports on the subject, including recent decisions for the adoption of Google’s cloud-based services by the cities of Los Angeles and Orlando, and by Rentokil, a company with operations in 46 countries.
During the webinar, we asked three survey questions to see how the legal community views cloud computing. All were presented during our “live” session. The approximate 50 percent response rate – high in our experience with other webinars – is another indicator of the strong interest in both the legal and compliance implications of cloud computing.
To Continue Reading: Click Here
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Source: Integreon Blog
By Jeffery C. Fehrman
Cloud Computing and its eDiscovery Implications is a Hot Topic
Our cloud computing webinar was the best-attended session of the day with nearly 300 “live” attendees. Subsequently, another 100 viewed the replay. The strong attendance relative to most in-person or webinar eDiscovery topics highlights that cloud computing, and social networking too, are a hot topic these days. Certainly over the past several months, the news media has been overflowing with reports on the subject, including recent decisions for the adoption of Google’s cloud-based services by the cities of Los Angeles and Orlando, and by Rentokil, a company with operations in 46 countries.
During the webinar, we asked three survey questions to see how the legal community views cloud computing. All were presented during our “live” session. The approximate 50 percent response rate – high in our experience with other webinars – is another indicator of the strong interest in both the legal and compliance implications of cloud computing.
To Continue Reading: Click Here
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Source: Integreon Blog
By Jeffery C. Fehrman
Why Project Management Certifications Matter
The value of project management certifications is hotly debated among IT professionals. CIO.com investigates whether certifications make better project managers and whether projects staffed by certified project managers are more successful than projects without PMPs
Out of 13 advertisements for project manager jobs posted on CIO.com and Dice.com, eight ads either require or prefer project management certification. All eight ads are for mid- to senior-level IT project management positions that require anywhere from a minimum of five to 11 or more years of experience.
Five of the eight ads say project management certification is "highly desirable," "an advantage," "preferred," or "a plus." The three ads that require certification all specify the Project Management Institute's (PMI) Project Management Professional (PMP) credential.
More and more CIOs believe in the importance of project management certifications, according to research from The Standish Group. The publisher of the CHAOS reports which track IT project success and failure rates says that two-thirds of CIOs it surveyed regard a PMI certification as valuable. The number of CIOs who require their project managers to be certified grew from 21 percent in 2005 to 31 percent by 2009.
The job advertisement and Standish Group data speak to the increasing weight employers place on tangible project management credentials. But why? Why do they think certification is so important? Does it create a better project manager, and does that ensure higher project success rates?
To Continue Reading: Click Here
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Source: CIO
By Meridith Levinson
Out of 13 advertisements for project manager jobs posted on CIO.com and Dice.com, eight ads either require or prefer project management certification. All eight ads are for mid- to senior-level IT project management positions that require anywhere from a minimum of five to 11 or more years of experience.
Five of the eight ads say project management certification is "highly desirable," "an advantage," "preferred," or "a plus." The three ads that require certification all specify the Project Management Institute's (PMI) Project Management Professional (PMP) credential.
More and more CIOs believe in the importance of project management certifications, according to research from The Standish Group. The publisher of the CHAOS reports which track IT project success and failure rates says that two-thirds of CIOs it surveyed regard a PMI certification as valuable. The number of CIOs who require their project managers to be certified grew from 21 percent in 2005 to 31 percent by 2009.
The job advertisement and Standish Group data speak to the increasing weight employers place on tangible project management credentials. But why? Why do they think certification is so important? Does it create a better project manager, and does that ensure higher project success rates?
To Continue Reading: Click Here
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Source: CIO
By Meridith Levinson
When It Comes to E-Discovery Sanctions, Be Afraid. Be Very, Very Afraid
You don't often hear plaintiffs lawyers kvetching about the burdens associated with e-discovery, and for good reason. Their cases typically depend on what corporate defendants produce in the way of e-mails and computer data, so they're usually the ones complaining to judges about defense failures to preserve electronic records.
But a recent decision by the federal judiciary's doyenne of e-discovery---Manhattan federal district court judge Shira Scheindlin--is a reminder that plaintiffs shouldn't get too cocky about their own e-discovery obligations. As first reported by the New York Law Journal, Judge Scheindlin sanctioned 13 plaintiffs in a case involving the collapse of two hedge funds, finding that "most plaintiffs conducted discovery in an ignorant and indifferent fashion."
The underlying case was brought in 2004 by investors who lost $550 million in the liquidation of two British Virgin Islands hedge funds, Lancer Offshore and OmniFund. Some defendants settled, but Citgo Fund Services, which was hired by the funds to perform certain administrative tasks, decided to fight on. After the close of discovery in 2008, Citgo's lawyers at Gilbride, Heller & Brown and Curtis, Mallet-Prevost, Colt & Mosle moved for sanctions against the plaintiffs for failing to preserve and produce documents.
Judge Scheindlin, who previously authored an influential opinion on e-discovery in Zubulake v. UBS Warburg, subtitled her 87-page opinion (yep, 87 pages) in the hedge fund case, "Zubulake Revisited: Six Years Later."
"While litigants are not required to execute document productions with absolute precision, at a minimum they must act diligently and search thoroughly at the time they reasonably anticipate litigation," wrote Judge Scheindlin. "All of the plaintiffs in this motion failed to do so and have been sanctioned accordingly."
To Register: Click Here-------------------------------------------
Source: law.com
By: Andrew Longstreth
Data Privacy Practices Explored
A consensus is emerging among regulators that companies’ efforts to protect the consumer data they collect need a serious overhaul to keep pace with today’s changing technology landscape.
The agency taking point on the issue is the Federal Trade Commission, which has begun a series of public forums to explore privacy challenges posed by modern technology, and the business practices they spawn that collect and use consumer data: social networking, online behavioral advertising, mobile marketing, and the collection and use of information by retailers, data brokers, third-party applications, and the like.
During the first privacy roundtable held last month, FTC Chair Jon Leibowitz said America is at “a watershed moment in privacy,” where companies are developing ever-more sophisticated technologies to collect consumer information and use it in ways that consumers don’t necessarily understand.
Leibowitz and other FTC staff members at the roundtable agreed that the FTC’s current framework around fair information practices—mainly, the assumption that consumers and companies should regulate themselves—is no longer sufficient.
To Register: Click Here
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Source: complianceweek.com
By: Jaclyn Jaeger
The agency taking point on the issue is the Federal Trade Commission, which has begun a series of public forums to explore privacy challenges posed by modern technology, and the business practices they spawn that collect and use consumer data: social networking, online behavioral advertising, mobile marketing, and the collection and use of information by retailers, data brokers, third-party applications, and the like.
During the first privacy roundtable held last month, FTC Chair Jon Leibowitz said America is at “a watershed moment in privacy,” where companies are developing ever-more sophisticated technologies to collect consumer information and use it in ways that consumers don’t necessarily understand.
Leibowitz and other FTC staff members at the roundtable agreed that the FTC’s current framework around fair information practices—mainly, the assumption that consumers and companies should regulate themselves—is no longer sufficient.
To Register: Click Here
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Source: complianceweek.com
By: Jaclyn Jaeger
Look Outside IT for Information Management Success
IT is cannot be relied upon as the primary skill set for information management success in 2010, market research firm Gartner, Inc. reports.
By the end of 2010, Garter predicts that 40 percent of people who report into IT will have substantial business and non-IT experience.
The future of IT is outside the IT department, Debra Logan, vice president and distinguished analyst at Gartner was quoted to say. “Over the next two years, business demand for IT-driven growth and innovation will outstrip the supply of qualified people to fulfill job roles and as result traditional IT tasks are moving outside the IT department.”
Maintaining that level of innovation and growth going forward will require a fresh take on organizational models and staffing for IT projects – a new set of roles to support IT, according to Gartner. These include legal and IT hybrids; digital archivists; business information managers; and ebnterprise information architects.
To Register: Click Here
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Source: information-management.com
By: Adrienne Baker
By the end of 2010, Garter predicts that 40 percent of people who report into IT will have substantial business and non-IT experience.
The future of IT is outside the IT department, Debra Logan, vice president and distinguished analyst at Gartner was quoted to say. “Over the next two years, business demand for IT-driven growth and innovation will outstrip the supply of qualified people to fulfill job roles and as result traditional IT tasks are moving outside the IT department.”
Maintaining that level of innovation and growth going forward will require a fresh take on organizational models and staffing for IT projects – a new set of roles to support IT, according to Gartner. These include legal and IT hybrids; digital archivists; business information managers; and ebnterprise information architects.
To Register: Click Here
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Source: information-management.com
By: Adrienne Baker
Tuesday, January 19, 2010
Google Hack Leaked to Internet; Security Experts Urge Vigilance
The code that was used to hack Gmail accounts in China is now publicly available on the Internet, and security experts are urging computer users throughout the world to be highly vigilant until a patch can be developed.
The hack involves Internet Explorer 6, the browser that came with the Windows XP operating system that, while outdated, still powers millions of businesses and home computers and is now dangerously compromised.
On Thursday, the code that was used to hack Gmail accounts in China and led Google to threaten to close shop there was posted to malware-analysis Web site Wepawet. By Friday, security site Metasploit had posted a demonstration of just how easily the exploit can be used to gain complete control over a computer.
To Register: Click Here
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Source: foxnews.com
By: Jeremy A. Kaplan
The hack involves Internet Explorer 6, the browser that came with the Windows XP operating system that, while outdated, still powers millions of businesses and home computers and is now dangerously compromised.
On Thursday, the code that was used to hack Gmail accounts in China and led Google to threaten to close shop there was posted to malware-analysis Web site Wepawet. By Friday, security site Metasploit had posted a demonstration of just how easily the exploit can be used to gain complete control over a computer.
To Register: Click Here
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Source: foxnews.com
By: Jeremy A. Kaplan
Cloud Computing: Four Questions to Ask Your Vendor
As cloud computing initiatives take hold in government, agencies need to consider the contracting implications of this new technology model. Managing a relationship where government data could reside on privately owned computing infrastructure located anywhere in the world demands that agencies ask some crucial questions of cloud vendors before they close the deal.
Daren Orzechowski, an intellectual property attorney who specializes in IT and outsourcing issues, said government agencies need answers to four fundamental questions before they choose a cloud computing provider.
1. Where is my data?
Server virtualization technology allows cloud vendors to optimize their use of computing hardware and other IT resources. That can cut costs, especially as the volume of cloud computing customers grows and vendors achieve economies of scale. But virtualization also has a downside.
"Your data could be broken up -- or the instance of your application could be broken up if it's a platform provider -- so your data and software could be in a lot of different places. In the government space, I think this is particularly important to have a handle on," said Orzechowski, a partner in the New York City law firm of White & Case. "On one hand, you have to recognize that the provider gets an economic benefit from being able to break up the data and store it in different places, or virtualize it. At the same time, depending on the sensitivity of the data, the government needs to know where that information is."
To Register: Click Here
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Source: govtech.com
By: Steve Towns
Daren Orzechowski, an intellectual property attorney who specializes in IT and outsourcing issues, said government agencies need answers to four fundamental questions before they choose a cloud computing provider.
1. Where is my data?
Server virtualization technology allows cloud vendors to optimize their use of computing hardware and other IT resources. That can cut costs, especially as the volume of cloud computing customers grows and vendors achieve economies of scale. But virtualization also has a downside.
"Your data could be broken up -- or the instance of your application could be broken up if it's a platform provider -- so your data and software could be in a lot of different places. In the government space, I think this is particularly important to have a handle on," said Orzechowski, a partner in the New York City law firm of White & Case. "On one hand, you have to recognize that the provider gets an economic benefit from being able to break up the data and store it in different places, or virtualize it. At the same time, depending on the sensitivity of the data, the government needs to know where that information is."
To Register: Click Here
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Source: govtech.com
By: Steve Towns
Monday, January 18, 2010
THE SEDONA CONFERENCE® "VOICES FROM THE DESERT" WEBINAR SERIES PRESENTS "E-DISCOVERY ETHICS" - THIS WEDNESDAY AT 3:00 PM EASTERN
Electronic discovery - which many consider the only real document discovery there is now - is quickly becoming an important focus for ethical concerns. The skill sets needed to afford clients "competent representation" in an electronic environment are changing. Even a well-meaning attorney may not understand that every-day actions like sending an email, opening a document, using a software application, or hiring a consultant might have ethical implications. In addition, the standards of conduct vary from state to state.
While there may not be a uniform set of rules governing these emerging practice concerns, every attorney should take note that missteps can be avoided with proper guidance.While we cannot possibly cover all of the professional responsibility concerns surrounding e-discovery, our distinguished panel will provide an exciting hour of interaction where the audience will participate through instant votes, practical scenarios, and a question and answer period. Finally, everyone who registers for the webinar will receive a set of materials including the court decisions, ethics rulings, and rules discussed.
The webinar will address the following issues:
- What does it mean to be "competent" in today's practice of law?
- The confidentiality of attorney-client email communications
- Metadata "mining" and conflicting ethics opinions
- Relationship between in-house and outside counsel in e-discovery
- E-Discovery consultants and the unauthorized practice of law
- The "E-Discovery Sanctions Cube"
As always, we will take your questions and comments during the Webinar
To Register: Click Here
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Source: thesedonaconference.org
While there may not be a uniform set of rules governing these emerging practice concerns, every attorney should take note that missteps can be avoided with proper guidance.While we cannot possibly cover all of the professional responsibility concerns surrounding e-discovery, our distinguished panel will provide an exciting hour of interaction where the audience will participate through instant votes, practical scenarios, and a question and answer period. Finally, everyone who registers for the webinar will receive a set of materials including the court decisions, ethics rulings, and rules discussed.
The webinar will address the following issues:
- What does it mean to be "competent" in today's practice of law?
- The confidentiality of attorney-client email communications
- Metadata "mining" and conflicting ethics opinions
- Relationship between in-house and outside counsel in e-discovery
- E-Discovery consultants and the unauthorized practice of law
- The "E-Discovery Sanctions Cube"
As always, we will take your questions and comments during the Webinar
To Register: Click Here
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Source: thesedonaconference.org
LAW THOUGHT LEADERS FROM US AND EUROPE TAKE AIM AT THE CLOUD
A first time summit of law firms and regulatory advisers from the US and Europe will meet in London next month to discuss the emerging complexities of Cloud Law. The conference is designed to bring together legal counsel in enterprises engaged in delivering cloud including data centres, telcos and cloud service with leading law firms focusing on the relatively new area of cloud computing.
The one day summit, Cloud Law, takes place at the Crowne Plaza City on February 10th 2010, organized and researched by BroadGroup and will be chaired by Tim Jackson, chairman, Inflector LLC. Topics include a debate reviewing the legal ramifications of the Patriot Act in the United States, and EU Data Directive. Other topics covered included Privacy in the Cloud, Open Law, financial services, Cloud content and liability, negotiating contracts for Cloud Services, and how Cloud law might be framed in future.
“This summit is timely as cloud computing is increasingly being adopted by enterprises; initial customer mistrust genuinely seems to be being dissipating. It should be exciting, as well as highly informative, with many true experts speaking,” commented Renzo Marchini, Head of IT Law and Data Protection, at Dechert LLP
“It does go to show that the cloud is here to stay, and that all stakeholders (providers, customers, consumer privacy advocates and others) are determined to solve the legal problems which inevitably arise. The panels will be practical, showing how some of those problems are in practice, through security considerations and contractual negotiations, being resolved.”
To Continue Reading: Click Here
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Source: sourcewire.com
The one day summit, Cloud Law, takes place at the Crowne Plaza City on February 10th 2010, organized and researched by BroadGroup and will be chaired by Tim Jackson, chairman, Inflector LLC. Topics include a debate reviewing the legal ramifications of the Patriot Act in the United States, and EU Data Directive. Other topics covered included Privacy in the Cloud, Open Law, financial services, Cloud content and liability, negotiating contracts for Cloud Services, and how Cloud law might be framed in future.
“This summit is timely as cloud computing is increasingly being adopted by enterprises; initial customer mistrust genuinely seems to be being dissipating. It should be exciting, as well as highly informative, with many true experts speaking,” commented Renzo Marchini, Head of IT Law and Data Protection, at Dechert LLP
“It does go to show that the cloud is here to stay, and that all stakeholders (providers, customers, consumer privacy advocates and others) are determined to solve the legal problems which inevitably arise. The panels will be practical, showing how some of those problems are in practice, through security considerations and contractual negotiations, being resolved.”
To Continue Reading: Click Here
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Source: sourcewire.com
Sunday, January 17, 2010
Does the Fourth Amendment cover 'the cloud'?
One of the biggest issues facing individuals and corporations choosing to adopt public cloud computing (or any Internet service, for that matter) is the relative lack of clarity with respect to legal rights over data stored online. I've reported on this early legal landscape a couple of times, looking at decisions to relax expectations of privacy for e-mail stored online and the decision to allow the FBI to confiscate servers belonging to dozens of companies from a co-location facility whose owners were suspected of fraud.
However, while I've argued before that the government has yet to apply the right metaphor to the modern world of networked applications and data, there has been little literature that has actually dissected the problem in detail. Even worse, I've seen almost no analysis of how the United States Constitution's Fourth Amendment, which guards against unreasonable searches and seizures, applies to Internet-housed data.
However, I just had the pleasure of reading an extremely well-written note in the June 2009 edition of the Minnesota Law Review titled "Defogging the Cloud: Applying Fourth Amendment Principles to Evolving Privacy Expectations in Cloud Computing (PDF)." Written by David A. Couillard, a student at the University of Minnesota Law School expected to graduate this year, the paper is a concise but thorough outline of where we stand with respect to the application of Fourth Amendment law to Internet computing. It finishes by introducing a highly logical framework for evaluating the application of the Fourth Amendment to cases involving cloud-based data.
To Continue Reading: Click Here
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Source: news.cnet.com
By: James Urquhart
However, while I've argued before that the government has yet to apply the right metaphor to the modern world of networked applications and data, there has been little literature that has actually dissected the problem in detail. Even worse, I've seen almost no analysis of how the United States Constitution's Fourth Amendment, which guards against unreasonable searches and seizures, applies to Internet-housed data.
However, I just had the pleasure of reading an extremely well-written note in the June 2009 edition of the Minnesota Law Review titled "Defogging the Cloud: Applying Fourth Amendment Principles to Evolving Privacy Expectations in Cloud Computing (PDF)." Written by David A. Couillard, a student at the University of Minnesota Law School expected to graduate this year, the paper is a concise but thorough outline of where we stand with respect to the application of Fourth Amendment law to Internet computing. It finishes by introducing a highly logical framework for evaluating the application of the Fourth Amendment to cases involving cloud-based data.
To Continue Reading: Click Here
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Source: news.cnet.com
By: James Urquhart
Savings cloud risks of outsourcing tech
As the popularity of cloud computing increases, companies should be aware of the related liabilities, particularly in the areas of security and data access, experts say.
Cloud computing promises cost savings by allowing companies to outsource their information technology infrastructure by using Internet technology to access hardware and software services. The data may be stored in another state or even another country.
By taking advantage of economies of scale, the cloud computer provider can make available up-to-date software and computer capacity in a highly cost-effective manner. But the risks of such an approach underscore the need for due diligence in selecting a provider and ensuring safeguards, including insurance coverage (see stories, pages 10, 11+).
Many companies are exploring cloud computing to cut costs, observers say.
“I think people are moving pretty quickly” to use cloud computing, said Jeffrey D. Neuburger, a partner with law firm Proskauer Rose L.L.P. in New York. “We're doing a lot of cloud computing work for clients.”
But because the data no longer is in the end-user company's hands, there is a potential loss of control and accessibility, observers say.
To Continue Reading: Click Here
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Source: businessinsurance.com
By: Judy Greenwald
Cloud computing promises cost savings by allowing companies to outsource their information technology infrastructure by using Internet technology to access hardware and software services. The data may be stored in another state or even another country.
By taking advantage of economies of scale, the cloud computer provider can make available up-to-date software and computer capacity in a highly cost-effective manner. But the risks of such an approach underscore the need for due diligence in selecting a provider and ensuring safeguards, including insurance coverage (see stories, pages 10, 11+).
Many companies are exploring cloud computing to cut costs, observers say.
“I think people are moving pretty quickly” to use cloud computing, said Jeffrey D. Neuburger, a partner with law firm Proskauer Rose L.L.P. in New York. “We're doing a lot of cloud computing work for clients.”
But because the data no longer is in the end-user company's hands, there is a potential loss of control and accessibility, observers say.
To Continue Reading: Click Here
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Source: businessinsurance.com
By: Judy Greenwald
Plaintiffs Sanctioned for Failure to Produce Electronic Files in Hedge Fund Suit
A federal judge has sanctioned 13 plaintiffs suing two collapsed hedge funds for negligence and gross negligence for their failure to preserve electronic files in discovery.
Saying "most plaintiffs conducted discovery in an ignorant and indifferent fashion," Southern District Judge Shira A. Scheindlin will assess monetary sanctions against all 13 plaintiffs and give an adverse jury instruction for six of the worst offenders in The Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities LLC, 05 Civ. 9016.
"While litigants are not required to execute document productions with absolute precision, at a minimum they must act diligently and search thoroughly at the time they reasonably anticipate litigation," Schiendlin said in her 87-page opinion. "All of the plaintiffs in this motion failed to do so and have been sanctioned accordingly."
The lawsuit was brought by investors who sought to recover losses of $550 million following the liquidation of two hedge funds based in the British Virgin Islands. Banc of America and other defendants have already settled the case, which involves a total of 96 plaintiffs.
The chief defendant remaining is Citgo Fund Services, which was hired by the two hedge funds to perform certain administrative services.
It was Citgo that brought the sanctions motion, and it is Citgo that will be compensated, with a yet-to-be-determined amount, in the form of costs and attorney's fees, including fees and expenses associated with filing sanctions motions, reviewing declarations and deposing declarants.
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Source: law.com
By: Mark Hamblett
Saying "most plaintiffs conducted discovery in an ignorant and indifferent fashion," Southern District Judge Shira A. Scheindlin will assess monetary sanctions against all 13 plaintiffs and give an adverse jury instruction for six of the worst offenders in The Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities LLC, 05 Civ. 9016.
"While litigants are not required to execute document productions with absolute precision, at a minimum they must act diligently and search thoroughly at the time they reasonably anticipate litigation," Schiendlin said in her 87-page opinion. "All of the plaintiffs in this motion failed to do so and have been sanctioned accordingly."
The lawsuit was brought by investors who sought to recover losses of $550 million following the liquidation of two hedge funds based in the British Virgin Islands. Banc of America and other defendants have already settled the case, which involves a total of 96 plaintiffs.
The chief defendant remaining is Citgo Fund Services, which was hired by the two hedge funds to perform certain administrative services.
It was Citgo that brought the sanctions motion, and it is Citgo that will be compensated, with a yet-to-be-determined amount, in the form of costs and attorney's fees, including fees and expenses associated with filing sanctions motions, reviewing declarations and deposing declarants.
To Continue Reading: Click Here
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Source: law.com
By: Mark Hamblett
Friday, January 15, 2010
First thoughts on the eDisclosure implications of the Jackson Report
The sections relating to disclosure and e-disclosure in the Jackson Report are a call to action for lawyers and judges without waiting for any actual amendment to the Rules. The key element which Jackson identifies is education, and we can get on with that tomorrow.
The 558 pages of Lord Justice Jackson’s Final Report on Litigation Costs have hit my screen with a thump. My focus inevitably is on the sections relating to disclosure and e-disclosure between pages 364 and 374, and on the section on disclosure in the Case Management section beginning on page 275. As with his Preliminary Report, Lord Justice Jackson devotes a section to e-Disclosure separately from the section on disclosure itself, that is, the mechanics are distinguished from the scope of disclosure. Lord Justice Jackson’s concise style means that a great deal is packed into these few pages. It is all good stuff.
There are sections on case management (with a hopeful point about leadership from the Court of Appeal on CPR matters), on costs management, costs shifting, and on court administration with particular reference to the courts’ IT infrastructure. These are all important and I will come back to them. The key points for those interested in electronic disclosure are:
To Continue Reading: Click Here
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Source: The e-Disclosure Information Project
By: Chris Dale
The 558 pages of Lord Justice Jackson’s Final Report on Litigation Costs have hit my screen with a thump. My focus inevitably is on the sections relating to disclosure and e-disclosure between pages 364 and 374, and on the section on disclosure in the Case Management section beginning on page 275. As with his Preliminary Report, Lord Justice Jackson devotes a section to e-Disclosure separately from the section on disclosure itself, that is, the mechanics are distinguished from the scope of disclosure. Lord Justice Jackson’s concise style means that a great deal is packed into these few pages. It is all good stuff.
There are sections on case management (with a hopeful point about leadership from the Court of Appeal on CPR matters), on costs management, costs shifting, and on court administration with particular reference to the courts’ IT infrastructure. These are all important and I will come back to them. The key points for those interested in electronic disclosure are:
To Continue Reading: Click Here
-------------------------------------------
Source: The e-Disclosure Information Project
By: Chris Dale
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