Chain of custody is a familiar concept in criminal law, but until recent years it was foreign to civil litigators. In the criminal law arena, police would seize evidence, seal it in a plastic bag, label it, and sign it in to a locked evidence room. If the evidence was taken out by anyone for […]

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By James D. Shook, Esq. and Andrew M Cohen, Esq.
Companies reviewing their electronic discovery options are frequently faced with a difficult choice on how to implement litigation holds and collect relevant electronic information. At first glance, the choice seems to be a “Catch-22”: should they: (a) quickly and inexpensively implement an employee self-service approach, and […]

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Taken from the RFC 3227 Network Working Group and amended as required for applicability to eDiscovery.
This document specifies an Internet Best Current Practices for the Internet Community, and requests discussion and suggestions for improvements.
The collection of data, which can be simply defined as the acquisition of potentially relevant electronically stored information (ESI), represents an important part of audition, investigation, and […]

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Posted with permission of the author, Sunny Woan (Santa Clara University), this article emphasizes the importance of preserving the unfettered development of alternative journalism. In its analysis, the article takes on a global perspective of blogosphere regulation, examining the European Union’s approach alongside China and the United States. Unlike the national borders of the physical […]

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The European Data Protection Supervisor (EDPS) has issued his opinion on the new draft text of the Directive on Privacy and Electronic Communications (ePrivacy Directive) as proposed by the European Commission.
One of the important changes supported by the EDPS with the new text is the creation of a mandatory security breach notification system. The system […]

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By The Legal IT Innovators Group (UK)
LITIG members reported that suppliers of Practice Management Systems (PMS) need to become more proactive in their approach in order for law firms to get the best from those systems. Given the longevity of the PMS within the firm, the law firm/supplier relationship is worth an investment of time […]

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Provided below are seven unique online tools that legal and IT professionals can use to help “keep up” with the daily news and views in the arena of electronic discovery.   These tools, all provided as part of the ComplexDiscovery website, are designed to deliver relevant information to interested individuals in a manner that best suits […]

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By Eric Friedberg
Compliance with emerging electronic discovery obligations, and conducting electronic discovery in a consistent and efficient manner, requires new cross-disciplinary teams (hereinafter “New Teams”), with updated organizational roles (hereinafter “New Roles”) and functions (hereinafter “New Functions”). These New Teams often draw representatives from an organization’s in-house legal, IT, compliance, records management, and human resources […]

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Computer Forensics and Electronic Discovery: The New Management Challenge

By Vicki Miller Luoma, Minnesota State University

Recent American court decisions and legislation have shown that the failure of an organization to retain electronic documents and to be able to locate the information when needed can cost the organization millions of dollars as well as its reputation. In […]

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Report & Recommendations of the Commercial Court Long Trials Working Party

December 2007, Judiciary of England and Wales

Extract from use of technology section:

Heavy and complex cases (HCCs) produce heavy and complex disclosure and, all too frequently, heavy and complex trial bundles, many of which are not referred to at the trial at all. The Long Trials Working Party […]

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