E-Discovery No Stranger on Campus

In response to a few recent inquiries and comments from readers working in the educational field, and, in particular for those readers working in a university campus information security department, who requested that more discussions and information be presented on the topic of e-discovery relevant to a university campus environment, our staff would like to present a listing of recent postings and articles addressing this growing dynamic within the “discovery” process itself. Dian Schaffhauser, a writer who covers technology and business related topics for a number of various publications, … [Read more...]

e-Discovery Preservation Still Tops the List of Latest 2011 e-Discovery Issues Report

  A report was recently published which announced a yearly analysis of reported electronic discovery opinions and notable e-discovery themes in 2011. From Jan. 1, 2011 to Oct. 31, 2011, this report, written and funded by the Kroll Ontrack organization, summarized 92 cases – some of the most significant state and federal judicial opinions on the topics of preservation and production of electronically stored information (ESI). The breakdown of the major issues involved in these cases are expressed in the following two (2) charts below; (Left Click your mouse over each chart … [Read more...]

Crisis Communications at Penn State

From a human concern perspective, and first and foremost, our staff supports any and all efforts that reach out to and fully address the needs of the victims in the recent news story concerning the Penn State University child sexual molestations case.  Our staff is also in full agreement with a statement in a recent article written by Joe Flach, “….it is especially disturbing to realize that so many of the victims could have been spared this status had the individuals who became aware of these crimes come forward with what they saw and/or were made aware of…” This posting also certainly … [Read more...]

E-Discovery’s Frontier of Social Media

In several past postings on this website, the risk management concerns for organizations regarding e-discovery have for the most part involved e-mails and the context of postings by individuals.  However, in an article written by Alison Frankel and posted on the Thomson Reuters News & Insights website, a new direction for e-discovery litigation proceedings is requiring litigants to provide access to their social media accounts and to preserve their posts in those accounts. As Ms. Frankel states, “…It’s no giant leap from that kind of ruling to a looming problem for businesses.  As … [Read more...]

e-Discovery Controversy over Certification for e-Discovery Skills

For many business continuity and risk management planning teams, the topic of e-Discovery remains at least a potential threat consideration in their business impact analysis exercises.  And if your organization considers e-discovery related activities relevant to potential legal hold litigation risk mitigation challenges or opportunities, then the recent controversy over e-discovery certification is a topic to be followed for all the e-discovery workers in your organization. The core of the controversy lies in the fact that critics claim that there are many certification and exam program … [Read more...]

Cyber-Shredding — Possible Related Issue Over Murdoch’s News Corp Closure

As we have seen in prior postings on this website, a growing area of organizational risk management and mitigation involves potential threats surrounding legal actions related to e-discovery regulatory requirements – e.g. legal holds, data recovery, evidence spoliation, etc. Could e-Discovery requirements be the next issue we read about concerning Rupert Murdoch’s News Corp. decision to close the newspaper? For those business continuity and risk management teams looking for real life examples of consequences of risk taking decisions and e-Discovery, a recent article posted on the  … [Read more...]

New Privacy Rules in India Threaten Offshore Outsourcing Business Models

Cybersecurity, e-discovery, Red Flag Rules -- as if compliance with regulatory requirements surrounding data protection in the U.S. were not enough of a challenge for an entity already ---then, you might well need to also be following the developments of data protection issues in India where India recently and quietly issued new privacy laws that impose significant limitations on how businesses can handle personal information. The fact is that the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“Privacy Rules”) … [Read more...]

“Five Hottest Topics in E-Discovery” Free Podcast Now Available

The threat of having your organization affected by an e-Discovery request is becoming more of a reality every day.   And, if your organization is a small or mid-sized business, that threat has the potential to place an economic and human resource burden on your company that might be just enough to drive that company out of business. Being aware and being prepared, for these e-discovery requests, are disaster preparedness actions that require much learning, evaluating and planning effort(s). To help that process, the Legal Talk Network has released the latest edition of Sensei's Digital … [Read more...]

E-Discovery Concerns Offer Cloudy Guidance Process

The subjects of e-discovery and cloud computing remain hot topics within risk management strategic planning meetings.  Unfortunately, evidence is beginning to show that too many executive management teams are driven to cloud computing for primarily cost reduction purposes.  And to make things more difficult, there is a vast range of information provided on these topics from private sector cloud computing providers, which drives many organizations to strive for more visibility,clarity and understanding regarding the regulations and requirements and ultimately the consequences that might … [Read more...]

E-Discovery Reaches Historic Milestone

The Association of Certified E-Discovery Specialist (CEDS) announced that “,,,a new day in e-discovery dawned from coast to coast in the United States and other countries this week as practitioners in law, litigation support, information technology, records management and other fields of endeavor learned they are members of the inaugural class of professionals who earned the Certified E-Discovery Specialist (CEDS) designation.” The landmark CEDS exam, which the CEDS candidates took at more than 40 secure testing centers worldwide, is the first legally defensible, scientifically verifiable … [Read more...]