eDiscovery Continuity Compliance

E-Discovery Concerns Must Be Addressed Before Moving Data to the Cloud

April 11, 2013 By Ben Carnevale Leave a Comment

If you begin with the following assumption: “As businesses move more applications and data to cloud services, those businesses inevitably are going to find themselves in litigation with the need to retrieve electronically stored information (ESI) from the cloud to comply with their e-discovery obligations.” ….then it makes a lot of sense to make sure that you do not forget about e-discovery when you are considering moving your company’s data to the cloud environment. In what our staff believes to be one of the better postings on this important risk mitigation topic, they would … [Read more...]

e-Discovery Trends Predicted for Prominence in 2013

January 25, 2013 By Ben Carnevale Leave a Comment

The topic of e-Discovery remains a major point of discussion for enterprises who must operate in growing litigation driven, regulatory enforced commercial environments, facing ongoing concerns for cost reduction and finally trying to integrate the latest demand for social media and other cyber security related technologies into their work force. And with all of these challenges now beginning to effect organizations of lesser size and with more limited resource capabilities to address these potential threats, it is valuable for those of our readership affected by such e-Discovery dynamics to … [Read more...]

e-Discovery Tips for Multinationals in the Asia Pacific Region

July 25, 2012 By Ben Carnevale Leave a Comment

As many of our readers reflect on the fact that e-Discovery laws are quickly developing and changing around the world, and, that the potential risk for their organization to become involved in a potential e-discovery litigation is increasing over time, our staff would like to reference a recent article written by Wayne Wong entitled, “6 Practical tips for e-Discovery in Asia and the Pacific”. Another reason for referencing Mr. Wong’s article is that it does a good job in summarizing the major points of e-discovery concerns which have been observed in the Asia-Pacific region (APAC) – … [Read more...]

E-Discovery Wake-up Call Webinar Offering by Exterro

April 16, 2012 By Ben Carnevale Leave a Comment

The Exterro Group will offer a free live webcast on Thursday, from 1:00 P – 2:00 P EST May 3rd, 2012 entitled, “E-Discovery Case Law Wake-up Call: No Regrets, Just Lessons Learned….” where Bob Rohlf, Esq., Director of E-Discovery Strategies, will moderate discussions between e-discovery attorneys David Cohen and Elizabeth Fitzwater. The objective of this webinar is to provide focus on the fact that in observed case law practice to date, “holes” have been found to occur in the e-discovery process, and, it is time to bring attention to these issues. Click here to learn more … [Read more...]

E-Discovery Techniques are Reviewed to Identify and Preserve Relevant ESI

April 16, 2012 By Ben Carnevale Leave a Comment

On May 31, 2012, (1:00 PM - 2:00 PM EST), the Exterro legal firm is offering a free webinar entitled “Mock Interview: Techniques to Quickly Identify Relevant ESI When the Trigger is Pulled.” In this webcast, panelists will discuss how to effectively conduct custodian interviews and equip legal teams with the tools needed for unearthing the vital information required to drive the e-discovery process forward and preserve electronically stored information (ESI) when litigation becomes likely. Bob Rohlf, Esq., Director of E-Discovery Strategies, will moderate the discussions between the … [Read more...]

E-Discovery — A Recent Court Decision to Adopt Default Standards is Made by the District of Delaware

February 28, 2012 By Ben Carnevale Leave a Comment

Photo courtesy of blog.advanceddiscovery.com

Judging from several comments received, it appears that many of our readers are taking a “side lines” approach to just watching the e-discovery dynamic develop its own way to walk and talk as remains only a potential risk mitigation event for them as either individuals or as associates of the organizations for which they work. While there is nothing wrong with that approach, it behooves them to stay informed to stay current and “safe” and, to that point, our staff has made e-discovery a part of its “watch list” of internet content search efforts, so that as relevant material … [Read more...]

e-Discovery Controversy over Certification for e-Discovery Skills

August 1, 2011 By Ben Carnevale Leave a Comment

E-Discovery-Advanced-Discovery-300x231 blog advanceddiscovery com

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...]

E-Discovery Risk Management and the Seven Deadly Sins of Rule 26(F)

March 7, 2011 By Ben Carnevale Leave a Comment

Each year our staff tries to find a relevant and meaningful article about topics posted on this website. E-discovery is certainly a topic of major concern for companies to consider today, and , more importantly, to include in that company’s business continuity planning process driven by a business impact analysis of this cybersecurity based potential threat. Given the increase of activity and violation of e-discovery requirements and findings of financial penalties by the appropriate regulatory bodies, many companies should now make a stronger effort to understand and set the level(s) of … [Read more...]

Compliance Officer's Obligation to Preserve Data Upheld by SEC Ruling

August 30, 2010 By Ben Carnevale Leave a Comment

Many of our postings on this website have addressed the ongoing risks for any organization regarding its requirements to protect the privacy rights of both individuals and corporate assets. Much of that risk to be understood, evaluated and implemented in the business continuity planning and risk management strategies of organizations involves e-Discovery. To further prove the seriousness of this matter, we would like to point you to a recent article written by Marshall Bender , entitled “Compliance Officer Found Liable for Failing to Preserve Data”, and posted on the Quarles & … [Read more...]

E-Discovery 2010 Socha/Gelbmann Survey Discussion

August 6, 2010 By Ben Carnevale Leave a Comment

For some time now, this website has attempted to bring its readership’s attention to the risks of e-discovery as it relates to your organization’s business continuity plan. With so much attention now being given to ediscovery, and, so many growing cases of penalties now being levied for dollar amounts that would be a serious threat to the ability of a small of even mid-sized business to sustain, our staff felt convinced that this topic is beginning to qualify for inclusion to all of the other more normal threats and risks to be considered in a business continuity planning … [Read more...]