This document discusses strategies for reducing the costs of e-discovery in litigation. The highest costs come from using backup tapes, privilege issues, personal use of work devices, cost-shifting, and failing to follow best practices. Key strategies discussed include properly preserving relevant electronic data, being prepared for meet-and-confer discussions, designating an appropriate witness, and entering agreements to reduce costs like clawback agreements. The document emphasizes being reasonable, ready, and focusing on return on investment to control costs and avoid sanctions. It provides an overview of relevant rules and case law precedents regarding e-discovery obligations and costs.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
This summary provides the key points from the document in 3 sentences:
The document discusses strategies for patent litigation jury trials. It notes that juries rely heavily on peripheral cues like witness credibility due to the complex technical nature of patent cases. The strategies that are most effective include focusing on both infringement and invalidity defenses, undermining the credibility of opposing experts, and ensuring attorneys maintain credibility through accurate statements.
This document summarizes research on digital forensics techniques. It discusses how digital forensics is used to retrieve and analyze digital evidence using scientific methodology accepted by courts. Key aspects covered include mobile forensics to recover data from phones, audio analysis for speaker identification, and video forensics to enhance and analyze footage. Tools like Androsics are used to collect evidence from Android devices for investigations. Private browsing modes are also analyzed forensically to determine what artifacts they leave behind.
Managing IP In Light of Changing US Patent LawIanliu
This document discusses strategic intellectual property management and how U.S. patent law is changing. It provides an overview of strategic IP management, including creating, maximizing, and realizing IP value. It then summarizes how recent Supreme Court cases and proposed patent law reforms have impacted licensing and litigation strategies. When asked about a competitor's new product, the document advises reviewing existing patents for potential licensing or litigation in light of evolving legal standards regarding obviousness and injunctions.
Knobbe Martens Partner Mauricio Uribe recently wrote "The Effect of Microsoft v. Motorola" for Bloomberg BNA's Patent, Trademark & Copyright Journal. Uribe discusses how Judge James L. Robart’s framework for determining a royalty rate for infringement of a standard essential patent ‘‘is now on the cusp of changing the patent litigation landscape.’’
In-House Counsel's Role in Avoiding Willful Patent InfringementTim Hsieh
This document discusses actions in-house counsel can take post-Seagate to avoid findings of willful patent infringement. It recommends:
1) Continuing to implement design-around strategies and obtaining opinions of counsel, though an opinion is not always required.
2) Ensuring opinions of counsel are timely obtained, provided to decision-makers, and relied upon before production begins.
3) Making sure all relevant information is provided to opinion counsel.
4) Reviewing opinions for quality and protecting counsel's independence.
5) Educating employees and establishing communication lines to detect potential issues.
1. This tutorial covers using the ggplot2 package in R to visualize data. It demonstrates basic functions like qplot() to produce plots with a single line of code.
2. qplot() is used to visualize relationships in the diamonds dataset between variables like price and carat using scatter plots. Additional parameters like color and shape map variables to different plot aspects.
3. Other geoms like smooth, boxplot, and histogram are used to add trends, summarize distributions, and compare groups in the data. Faceting allows splitting plots by variables. Maps from other packages can also be visualized.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
This summary provides the key points from the document in 3 sentences:
The document discusses strategies for patent litigation jury trials. It notes that juries rely heavily on peripheral cues like witness credibility due to the complex technical nature of patent cases. The strategies that are most effective include focusing on both infringement and invalidity defenses, undermining the credibility of opposing experts, and ensuring attorneys maintain credibility through accurate statements.
This document summarizes research on digital forensics techniques. It discusses how digital forensics is used to retrieve and analyze digital evidence using scientific methodology accepted by courts. Key aspects covered include mobile forensics to recover data from phones, audio analysis for speaker identification, and video forensics to enhance and analyze footage. Tools like Androsics are used to collect evidence from Android devices for investigations. Private browsing modes are also analyzed forensically to determine what artifacts they leave behind.
Managing IP In Light of Changing US Patent LawIanliu
This document discusses strategic intellectual property management and how U.S. patent law is changing. It provides an overview of strategic IP management, including creating, maximizing, and realizing IP value. It then summarizes how recent Supreme Court cases and proposed patent law reforms have impacted licensing and litigation strategies. When asked about a competitor's new product, the document advises reviewing existing patents for potential licensing or litigation in light of evolving legal standards regarding obviousness and injunctions.
Knobbe Martens Partner Mauricio Uribe recently wrote "The Effect of Microsoft v. Motorola" for Bloomberg BNA's Patent, Trademark & Copyright Journal. Uribe discusses how Judge James L. Robart’s framework for determining a royalty rate for infringement of a standard essential patent ‘‘is now on the cusp of changing the patent litigation landscape.’’
In-House Counsel's Role in Avoiding Willful Patent InfringementTim Hsieh
This document discusses actions in-house counsel can take post-Seagate to avoid findings of willful patent infringement. It recommends:
1) Continuing to implement design-around strategies and obtaining opinions of counsel, though an opinion is not always required.
2) Ensuring opinions of counsel are timely obtained, provided to decision-makers, and relied upon before production begins.
3) Making sure all relevant information is provided to opinion counsel.
4) Reviewing opinions for quality and protecting counsel's independence.
5) Educating employees and establishing communication lines to detect potential issues.
1. This tutorial covers using the ggplot2 package in R to visualize data. It demonstrates basic functions like qplot() to produce plots with a single line of code.
2. qplot() is used to visualize relationships in the diamonds dataset between variables like price and carat using scatter plots. Additional parameters like color and shape map variables to different plot aspects.
3. Other geoms like smooth, boxplot, and histogram are used to add trends, summarize distributions, and compare groups in the data. Faceting allows splitting plots by variables. Maps from other packages can also be visualized.
Here are the presentations from the launch of our Leading Business by Design research report, conducted by Warwick Business School. This qualitative research project investigates the strategic use of design at senior levels in a sample of UK and global businesses.
For the full report, please visit http://www.designcouncil.org.uk/our-work/Insight/Research/Design-in-the-Boardroom/
Public Engagement in the Conversation Age Vol. 2 (2009)Edelman Digital
This second volume of Edelman’s annual publication, Public Engagement in the Conversation Age, is a collection of thought pieces written by the UK team about the communications challenges facing brands, corporate, politics and NGOs – as well as our own industry, as we evolve from Public Relations to Public Engagement.
When considering that more than half of Americans is now carrying a computer in his/her pocket, many technologists and marketers have blindly rushed to address mobility as it leads us to who-knows-where. So much of desktop behavior such as email and the web have followed us here, while incumbent text messaging and a newfound lust for apps is chewing away at time spent on the device. Through all of this prescriptive technology, it is critical to respect and understand that liberation from the desktop carries with it disruptions from the offline world and traditional media. These observances and some telling data are included in this first edition of the Edelman Mobility Quarterly.
Wayne Eckerson: Secrets of Analytical Leaders webinarJ. David Morris
In this Wayne Eckerson delivers an overview of his new book "Secrets of Analytical Leaders: Insights from Information Insiders." Imagine spending a day with top analytical leaders and asking any question you want. In this book, Wayne Eckerson illustrates analytical best practices by weaving his perspective with commentary from seven directors of analytics who unveil their secrets of success. With an innovative flair, Eckerson tackles a complex subject with clarity and insight.
Gamification: Leveraging Game Strategies & Big Data to Drive Business with Dr...J. David Morris
Competitive pressures are driving business beyond the simple incentive and rewards programs. Cutting edge organizations are leveraging Knowledge Performance Indicators (KPIs), such as user engagement, loyalty quotient, event causality, and user cohorts to gain insight into and develop a more robust understanding of their customer and their preferences. With the widespread application of gamification, you have experienced in the course of your Internet usage, although you may not have even realized it....
This overview demonstrates:
What's Gamification and What's not
How Gamification is growing
Implications of gamification on learning, business, and life
What you’ll learn:
Gamification and its Competitive Advantage
Value of gamification
Best practices for initiating a gamification program to drive loyalty and retention
The document discusses modeling chemical datasets with a focus on regression-based methods. It aims to examine how the dynamic range and experimental error of datasets impact model performance, and how to determine if a model can be applied to new data. Several solubility datasets are analyzed using descriptors and statistical/machine learning models. The challenges of classification and regression models are presented, along with various methods to evaluate model performance and the steps to build a predictive model. Experimental error, model applicability domain, and the impact of dataset properties on correlations are also discussed.
This document discusses various techniques for manipulating data in R, including sorting, subsetting, ordering, reshaping between wide and long formats using the reshape2 package, and using plyr for efficient splitting and combining of large datasets. Specific functions and examples covered include sort(), order(), cut(), melt(), dcast(), and plyr functions. The goal is to demonstrate common ways to manipulate and rearrange data for further processing and analysis in R.
The slide shows a full gist of reading different types of data in R thanks to coursera it was much comprehensive and i made some additional changes too.
This document describes using R to analyze clinical trial data to compare the effects of a new drug (Treatment A) versus placebo (Treatment B) on diastolic blood pressure (DBP) over time. Statistical tests conducted include t-tests, ANOVA, bootstrapping, and multiple comparisons. The analysis found Treatment A significantly lowered DBP more than the placebo over the 4 month trial period.
This document provides an introduction to networks, including basic definitions and concepts. It defines what a network is composed of, including vertices (nodes) and edges (links). It discusses directed vs undirected networks, different ways to represent networks, degree properties, connected components, and several centrality measures - including degree, closeness, betweenness, and eigenvector centrality - to determine important nodes within a network. It provides examples and explanations for understanding these fundamental network concepts.
This document discusses types of chemical data including data on drugs, agrochemicals, fragrances, food additives, and natural products. It focuses on drug data such as chemical properties, adverse events, toxicology, absorption, distribution, metabolism, and excretion (ADME). LogP is discussed as a measure of solubility, with examples of how it is calculated from molecular fragments and corrections. Molecular descriptors that can predict properties are also introduced, including topological, geometrical, electronic, and hybrid descriptors. Finally, some freely available tools for calculating molecular descriptors are listed.
Virtual screening uses computer-based methods to filter large databases of chemical compounds to identify a subset of compounds that are most likely to bind to and activate a target linked to a disease. It helps address the challenge of exploring the vast chemical space compared to the limited number of compounds that can be experimentally screened. The document discusses various virtual screening methods including ligand-based approaches like similarity searching and pharmacophore modeling as well as structure-based approaches like molecular docking that predict binding orientations. It also covers best practices for applying filters to select for drug-like and lead-like compounds.
An adverse drug reaction (ADR) is an undesirable effect of a drug that occurs at normal dosages during normal use. ADRs can occur after a single dose or prolonged administration and may be beneficial or harmful effects. Major causes of ADRs include drug-drug and drug-food interactions that can alter pharmacokinetics and pharmacodynamics. ADRs are classified as Type A-E with Types A and B being dose-related and idiosyncratic reactions respectively. Over 2 million serious ADRs occur yearly in the US, resulting in 100,000 deaths making ADRs a leading cause of death. Troglitazone was withdrawn from the market in 2000 due to idiosyncratic
This document summarizes key topics in electronic discovery (e-discovery) including: the types of electronically stored information (ESI) that now exists; how e-discovery rules and case law have evolved to address ESI; common e-discovery issues like litigation holds, accessibility tiers, and sanctions; and ethical implications for attorneys regarding e-discovery competency and diligence. Recent cases demonstrate courts' increasing willingness to impose severe sanctions like adverse inferences, monetary penalties, default judgments, or case dismissal for failure to properly preserve ESI or comply with discovery orders.
The Seventh Circuit developed principles relating to the discovery of electronically stored information that were codified into a standing order to serve as supplemental guidelines for selected cases in the circuit's eDiscovery pilot program, and the program will assess the effectiveness of the principles and modify them as needed based on feedback from participating judges and lawyers.
The document discusses new rules under the Federal Rules of Civil Procedure regarding electronically stored information (ESI) and litigation holds. It notes that the 2006 amendments require lawyers to discuss ESI during initial planning conferences and include ESI in initial disclosures. Failure to institute a litigation hold and preserve potentially relevant ESI when litigation is reasonably anticipated can result in severe sanctions, including adverse inference instructions and millions in damages. The document provides best practices for organizations to develop an ESI retention policy and storage configuration to safely manage ESI and qualify for the "safe harbor" provision against sanctions.
This document discusses topics to cover in a pre-discovery conference, including the scope of discovery, search strategies, preservation of electronic documents, privilege issues, and cooperation between parties. An effective pre-discovery conference requires understanding the issues in the case, how clients store documents, and where relevant information can be found. It aims to narrow the scope of discovery and develop strategies for identifying, collecting, and reviewing electronic documents in a reasonable manner. Areas of disagreement should also be addressed.
The document discusses records management and e-discovery. It notes that effective records management involves knowing what records exist in various formats, including electronically stored information (ESI). Companies have a legal obligation to preserve relevant ESI when litigation is anticipated. They must implement litigation holds to prevent destruction of relevant records and identify custodians of records and systems where ESI is stored. The document advises preparing for Rule 26 meet-and-confer discussions about ESI disclosure by mapping data systems and identifying existing ESI. It stresses that litigation holds are required to meet the duty to preserve evidence.
Systems, Processes & Challenges in litigation involves determining when to implement a litigation hold to preserve relevant documents. A litigation hold is necessary when litigation is reasonably anticipated based on a filed lawsuit or subpoena. The duty to preserve evidence arises when litigation is anticipated. Once implemented, the litigation hold must be properly scoped, documented, communicated to relevant parties, and monitored for compliance. Automating the litigation hold process can help manage costs and ensure preservation duties are met.
DBA Presentation On E-Discovery by Kirby DrakeKlemchuk LLP
This document provides an overview of electronic discovery (e-discovery) including the e-discovery process, key influencers like company size and data infrastructure, and the typical e-discovery model. It discusses 2015 rule changes focusing on proportionality and cooperation. Key takeaways include thinking and acting proportionally, having early discussions to define discovery scope, and using honesty and diligence. The document also covers specific issues like social media discovery, email and privilege challenges, preservation obligations, and case examples where parties ran into issues or sanctions related to e-discovery and preservation.
Ensuring Your E-Discovery Procedures Comply With The New Rulesrlhicksjr
This document discusses ensuring that e-discovery procedures comply with new rules. It covers topics like preservation notices, meet and confer requirements, discovery strategies, protective orders, structuring protocols, and using experts. Preservation notices should follow Zubulake decisions as a benchmark for when the duty to preserve evidence arises. Meet and confer requirements involve early discussions between parties to avoid evidence spoliation. Common discovery strategies include interrogatories, document requests, and depositions. Protective orders may be needed to combat overly broad requests. Protocols should address issues like costs, data handling procedures, and confidentiality protections. Experts can help with tasks like computer forensics but selecting the right one is important.
Here are the presentations from the launch of our Leading Business by Design research report, conducted by Warwick Business School. This qualitative research project investigates the strategic use of design at senior levels in a sample of UK and global businesses.
For the full report, please visit http://www.designcouncil.org.uk/our-work/Insight/Research/Design-in-the-Boardroom/
Public Engagement in the Conversation Age Vol. 2 (2009)Edelman Digital
This second volume of Edelman’s annual publication, Public Engagement in the Conversation Age, is a collection of thought pieces written by the UK team about the communications challenges facing brands, corporate, politics and NGOs – as well as our own industry, as we evolve from Public Relations to Public Engagement.
When considering that more than half of Americans is now carrying a computer in his/her pocket, many technologists and marketers have blindly rushed to address mobility as it leads us to who-knows-where. So much of desktop behavior such as email and the web have followed us here, while incumbent text messaging and a newfound lust for apps is chewing away at time spent on the device. Through all of this prescriptive technology, it is critical to respect and understand that liberation from the desktop carries with it disruptions from the offline world and traditional media. These observances and some telling data are included in this first edition of the Edelman Mobility Quarterly.
Wayne Eckerson: Secrets of Analytical Leaders webinarJ. David Morris
In this Wayne Eckerson delivers an overview of his new book "Secrets of Analytical Leaders: Insights from Information Insiders." Imagine spending a day with top analytical leaders and asking any question you want. In this book, Wayne Eckerson illustrates analytical best practices by weaving his perspective with commentary from seven directors of analytics who unveil their secrets of success. With an innovative flair, Eckerson tackles a complex subject with clarity and insight.
Gamification: Leveraging Game Strategies & Big Data to Drive Business with Dr...J. David Morris
Competitive pressures are driving business beyond the simple incentive and rewards programs. Cutting edge organizations are leveraging Knowledge Performance Indicators (KPIs), such as user engagement, loyalty quotient, event causality, and user cohorts to gain insight into and develop a more robust understanding of their customer and their preferences. With the widespread application of gamification, you have experienced in the course of your Internet usage, although you may not have even realized it....
This overview demonstrates:
What's Gamification and What's not
How Gamification is growing
Implications of gamification on learning, business, and life
What you’ll learn:
Gamification and its Competitive Advantage
Value of gamification
Best practices for initiating a gamification program to drive loyalty and retention
The document discusses modeling chemical datasets with a focus on regression-based methods. It aims to examine how the dynamic range and experimental error of datasets impact model performance, and how to determine if a model can be applied to new data. Several solubility datasets are analyzed using descriptors and statistical/machine learning models. The challenges of classification and regression models are presented, along with various methods to evaluate model performance and the steps to build a predictive model. Experimental error, model applicability domain, and the impact of dataset properties on correlations are also discussed.
This document discusses various techniques for manipulating data in R, including sorting, subsetting, ordering, reshaping between wide and long formats using the reshape2 package, and using plyr for efficient splitting and combining of large datasets. Specific functions and examples covered include sort(), order(), cut(), melt(), dcast(), and plyr functions. The goal is to demonstrate common ways to manipulate and rearrange data for further processing and analysis in R.
The slide shows a full gist of reading different types of data in R thanks to coursera it was much comprehensive and i made some additional changes too.
This document describes using R to analyze clinical trial data to compare the effects of a new drug (Treatment A) versus placebo (Treatment B) on diastolic blood pressure (DBP) over time. Statistical tests conducted include t-tests, ANOVA, bootstrapping, and multiple comparisons. The analysis found Treatment A significantly lowered DBP more than the placebo over the 4 month trial period.
This document provides an introduction to networks, including basic definitions and concepts. It defines what a network is composed of, including vertices (nodes) and edges (links). It discusses directed vs undirected networks, different ways to represent networks, degree properties, connected components, and several centrality measures - including degree, closeness, betweenness, and eigenvector centrality - to determine important nodes within a network. It provides examples and explanations for understanding these fundamental network concepts.
This document discusses types of chemical data including data on drugs, agrochemicals, fragrances, food additives, and natural products. It focuses on drug data such as chemical properties, adverse events, toxicology, absorption, distribution, metabolism, and excretion (ADME). LogP is discussed as a measure of solubility, with examples of how it is calculated from molecular fragments and corrections. Molecular descriptors that can predict properties are also introduced, including topological, geometrical, electronic, and hybrid descriptors. Finally, some freely available tools for calculating molecular descriptors are listed.
Virtual screening uses computer-based methods to filter large databases of chemical compounds to identify a subset of compounds that are most likely to bind to and activate a target linked to a disease. It helps address the challenge of exploring the vast chemical space compared to the limited number of compounds that can be experimentally screened. The document discusses various virtual screening methods including ligand-based approaches like similarity searching and pharmacophore modeling as well as structure-based approaches like molecular docking that predict binding orientations. It also covers best practices for applying filters to select for drug-like and lead-like compounds.
An adverse drug reaction (ADR) is an undesirable effect of a drug that occurs at normal dosages during normal use. ADRs can occur after a single dose or prolonged administration and may be beneficial or harmful effects. Major causes of ADRs include drug-drug and drug-food interactions that can alter pharmacokinetics and pharmacodynamics. ADRs are classified as Type A-E with Types A and B being dose-related and idiosyncratic reactions respectively. Over 2 million serious ADRs occur yearly in the US, resulting in 100,000 deaths making ADRs a leading cause of death. Troglitazone was withdrawn from the market in 2000 due to idiosyncratic
This document summarizes key topics in electronic discovery (e-discovery) including: the types of electronically stored information (ESI) that now exists; how e-discovery rules and case law have evolved to address ESI; common e-discovery issues like litigation holds, accessibility tiers, and sanctions; and ethical implications for attorneys regarding e-discovery competency and diligence. Recent cases demonstrate courts' increasing willingness to impose severe sanctions like adverse inferences, monetary penalties, default judgments, or case dismissal for failure to properly preserve ESI or comply with discovery orders.
The Seventh Circuit developed principles relating to the discovery of electronically stored information that were codified into a standing order to serve as supplemental guidelines for selected cases in the circuit's eDiscovery pilot program, and the program will assess the effectiveness of the principles and modify them as needed based on feedback from participating judges and lawyers.
The document discusses new rules under the Federal Rules of Civil Procedure regarding electronically stored information (ESI) and litigation holds. It notes that the 2006 amendments require lawyers to discuss ESI during initial planning conferences and include ESI in initial disclosures. Failure to institute a litigation hold and preserve potentially relevant ESI when litigation is reasonably anticipated can result in severe sanctions, including adverse inference instructions and millions in damages. The document provides best practices for organizations to develop an ESI retention policy and storage configuration to safely manage ESI and qualify for the "safe harbor" provision against sanctions.
This document discusses topics to cover in a pre-discovery conference, including the scope of discovery, search strategies, preservation of electronic documents, privilege issues, and cooperation between parties. An effective pre-discovery conference requires understanding the issues in the case, how clients store documents, and where relevant information can be found. It aims to narrow the scope of discovery and develop strategies for identifying, collecting, and reviewing electronic documents in a reasonable manner. Areas of disagreement should also be addressed.
The document discusses records management and e-discovery. It notes that effective records management involves knowing what records exist in various formats, including electronically stored information (ESI). Companies have a legal obligation to preserve relevant ESI when litigation is anticipated. They must implement litigation holds to prevent destruction of relevant records and identify custodians of records and systems where ESI is stored. The document advises preparing for Rule 26 meet-and-confer discussions about ESI disclosure by mapping data systems and identifying existing ESI. It stresses that litigation holds are required to meet the duty to preserve evidence.
Systems, Processes & Challenges in litigation involves determining when to implement a litigation hold to preserve relevant documents. A litigation hold is necessary when litigation is reasonably anticipated based on a filed lawsuit or subpoena. The duty to preserve evidence arises when litigation is anticipated. Once implemented, the litigation hold must be properly scoped, documented, communicated to relevant parties, and monitored for compliance. Automating the litigation hold process can help manage costs and ensure preservation duties are met.
DBA Presentation On E-Discovery by Kirby DrakeKlemchuk LLP
This document provides an overview of electronic discovery (e-discovery) including the e-discovery process, key influencers like company size and data infrastructure, and the typical e-discovery model. It discusses 2015 rule changes focusing on proportionality and cooperation. Key takeaways include thinking and acting proportionally, having early discussions to define discovery scope, and using honesty and diligence. The document also covers specific issues like social media discovery, email and privilege challenges, preservation obligations, and case examples where parties ran into issues or sanctions related to e-discovery and preservation.
Ensuring Your E-Discovery Procedures Comply With The New Rulesrlhicksjr
This document discusses ensuring that e-discovery procedures comply with new rules. It covers topics like preservation notices, meet and confer requirements, discovery strategies, protective orders, structuring protocols, and using experts. Preservation notices should follow Zubulake decisions as a benchmark for when the duty to preserve evidence arises. Meet and confer requirements involve early discussions between parties to avoid evidence spoliation. Common discovery strategies include interrogatories, document requests, and depositions. Protective orders may be needed to combat overly broad requests. Protocols should address issues like costs, data handling procedures, and confidentiality protections. Experts can help with tasks like computer forensics but selecting the right one is important.
1. A BYOD policy allows employees to use personal devices for work but raises issues around balancing employee privacy and corporate data security needs.
2. Recent court cases find employees have a reasonable expectation of privacy for personal information on their devices if the company policy allows personal use and they take steps to safeguard private information.
3. Companies can monitor business-related information stored on or sent through corporate servers but likely cannot access personal communications like texts and social media. To minimize liability, companies should have clear, transparent BYOD policies and limit monitoring to work-related matters stored on company servers.
Electronic Discovery - GODWIN PC - What you Need to KnowEd Sothcott
E-Discovery is becoming an increasing important part of the legal process. The effect of social media, e-mail and other electronic correspondence in lawsuits including civil and criminal matters and even divorce has become dramatic. What do lawyers need to do to preserve this evidence? What can happen if you don't?
Law, Ethics & Technology: e-Discovery and e-Competencejcassd619
The document discusses key aspects of electronic discovery (e-discovery) in litigation cases. It covers topics like a lawyer's duty to understand electronic sources of information that could be relevant in a case, how to properly preserve and collect electronically stored information (ESI), the importance of meeting and conferring with opposing counsel on an e-discovery protocol, and risks of sanctions or other penalties for mishandling ESI. It also provides some practice points on effectively managing e-discovery in the litigation process.
E Discovery General E Discovery Presentationjvanacour
This document provides an overview of key concepts and best practices regarding electronic discovery (e-discovery). It discusses the duty to preserve relevant evidence once litigation is reasonably anticipated. It also outlines the stages of managing e-discovery, including having a reasonable document retention policy prior to notice, issuing a litigation hold once notice is received, and complying with discovery requests once litigation begins. The document emphasizes communicating preservation obligations, overseeing preservation efforts, and producing electronic documents and metadata in a usable format.
I presented comprehensive e-discovery webinar with Eric Mandel, national e-discovery counsel and leader of the information law practice group at Zelle Hofmann Voelbel & Mason LLP.
Here are a selection of the slides that I created for the presentation
The document discusses several topics related to e-Discovery:
1) Document retention policies are important for companies to establish in order to efficiently manage electronic discovery requests if litigation occurs. These policies help reduce unnecessary data and ensure ethical data deletion practices.
2) Electronic discovery, or e-Discovery, refers to the discovery process for electronically stored information in civil lawsuits. It presents unique challenges compared to paper documents due to issues like metadata and data volume.
3) The federal rules of civil procedure have been amended to address e-Discovery procedures and obligations regarding items like initial disclosures, discovery scope, and electronically stored information. Legal holds are also discussed as an important part of the e-Discovery process.
Discovery Practice (Series: Newbie Litigator School - Fall Edition)Financial Poise
If you say the word “discovery” to a litigator, the reaction may not be kind. Discovery-the exchange of relevant information- usually in the form of documents or oral depositions, takes up the majority of a litigator’s time and costs clients the most money.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/discovery-practice-2020/
Legal Issues Impacting Data Center Owners, Operators and UsersMMMTechLaw
The document discusses key legal issues facing data center owners, operators, and users, including contracts, tort liability, products liability, regulatory compliance, privacy, security breaches, and post-hacking issues. It summarizes recent court cases involving data breaches and security issues. The document aims to help data centers identify risks and minimize liability through best practices like reviewing insurance policies and compliance with breach notification laws.
This document provides an overview of e-discovery and the Federal Rules of Civil Procedure related to e-discovery. It discusses the importance of mastering e-discovery, as e-discovery now represents approximately 35% of litigation costs. It introduces the Electronic Discovery Reference Model and outlines key parts of the Federal Rules of Civil Procedure addressing e-discovery, including Rules 16, 26, 34 and 37. It also summarizes the state of e-discovery after amendments to the Federal Rules of Civil Procedure in 2015 regarding the scope of discovery and failure to preserve electronically stored information.
Legal Hold Workshop - ARMA International - Las Vegas - Oct 23, 2008John Jablonski
3 hour workshop on Legal Holds, presented at ARMA International\'s annual conference in Las Vegas on October 23, 2008. The program was highly rated by attendees, rated as 3rd out of 85 educational sessions.
This webinar discusses discovery practice in litigation. It begins with an overview of the rules governing discovery, including initial disclosures, written discovery like requests for production of documents and interrogatories, and oral discovery such as depositions. It covers topics like proportionality, preservation of electronic data, discovery from non-parties, and expert discovery procedures. The webinar provides both an explanation of the procedural rules and practical guidance about managing the discovery process.
Dr. Bob Hayes Big Data and the Total Customer ExperienceJ. David Morris
In this presentation, Bob Hayes delivers an overview of his upcoming ebook "TCE - Total Customer Experience: Building Business Through Customer-Centric Measurement and Analytics." How can companies gain deeper customer insights to help them improve the customer experience and increase customer loyalty?
Laura Madsen Healthcare Webinar - Big AnswersJ. David Morris
This document summarizes a webinar on big data and healthcare analytics. The webinar featured a presentation by Laura Madsen on the impact of big data on healthcare, how to streamline regulatory reporting with analytics, and top mistakes to avoid. She also discussed future trends in healthcare business intelligence, including increased use of privacy techniques with big data. The webinar provided an opportunity for questions and information on registering for future webinars in the series.
Cetas Analytics as a Service for Predictive AnalyticsJ. David Morris
This document discusses how predictive analytics using big data can lead to successful recommendations and revenue maximization. It describes trends in data growth, the value of data analytics exceeding hardware costs, and how a unified analytics cloud platform can simplify infrastructure and optimize resources. Sample predictive analytics applications are outlined for industries like ecommerce, mobile, advertising, gaming, and IT, with the goal of revenue maximization and user engagement through recommendation engines and targeted placements. The cloudification of predictive analytics as an analytics-as-a-service approach is presented as the logical conclusion to fully leverage big data.
The document discusses the transformation of eDiscovery over time. It notes that by 2020, 70-80% of data created annually will live in or pass through the cloud. Additionally, individuals are now generating 30-50 times more data than what companies can handle from a security perspective. The future of eDiscovery is moving to focus more on governance and risk management earlier in the process. Technology innovations will focus on accelerating review times, advanced analytics and visualization of diverse data types.
This document discusses the importance of taking a proactive approach to e-discovery. It notes that the pervasive use of electronic information has led to new legal rules around retaining and producing electronic data. Taking a proactive approach to e-discovery can reduce costs and risks while increasing control over the process. Reactive approaches tend to be more expensive, with companies spending over 60% more on average than those that are proactive.
Jason Baron, Esq. and James Shook, Esq. - An Inevitable Reality: Machine-base...J. David Morris
Machine-based eDiscovery review is becoming an inevitable reality due to the exponential growth of electronically stored information. Technologies like advanced search, machine learning, and predictive coding can help find more relevant documents than traditional keyword searches, but still do not find everything. Courts are recognizing these technologies and techniques in eDiscovery as the law in this area continues to unfold, guided by research from projects like TREC Legal Track. While machine assistance can help, human oversight remains important for legal review of electronically stored information in litigation.
This document discusses the challenges of e-discovery for organizations facing litigation. It notes that e-discovery costs are high and increasing due to growing volumes of electronically stored information (ESI) and more regulations. The document advocates adopting proactive information governance practices rather than reactive approaches to reduce e-discovery costs over time. It provides an electronic discovery reference model and recommends determining an organization's litigation and risk profile, understanding where ESI is located, and right-sizing e-discovery solutions to needs.
Cross-Border eDiscovery is a hot topic this year. Globalization of businesses and mass mergers and acquisitions has caused an increase in the need for an understanding of how eDiscovery should be handled in other countries. All over the world, courts and local governments have instituted new rules for how parties will engage in discovery related to digital evidence. These new rules have been causing issues between the attorneys required by the US discovery rules to discover digital evidence for their cases and the various governments outside the US and across the world.
While the law in the United States makes it clear that parties to a litigation must preserve documents and electronically stored information, laws in other countries make it equally clear that preserving or collecting that data may violate their data protection laws. In this seminar, you will learn the updates in the local discovery and privacy rules of the top trade partners of the U.S. so that you will be able to handle overseas eDiscovery requirements with greater ease and more knowledge.
Overcoming In-house Politics to Implement eDiscoveryJ. David Morris
The document discusses overcoming in-house politics to implement eDiscovery solutions. It identifies problems with differing languages and siloed thinking between legal, IT, and business teams. It also addresses the complex IT environments companies face. The document provides tips for bridging communication gaps including gaining executive support, identifying stakeholders, and creating cross-functional partnerships. It stresses identifying technologies, litigation risks, and properly preserving evidence. Finally, it advises right-sizing eDiscovery solutions to balance litigation needs with expenses.
This document discusses the challenges of discovering and preserving "esoteric ESI", which refers to electronically stored information that exists outside traditional email systems and includes social media, cloud computing services, mobile devices, and ephemeral data. It notes that this type of ESI is growing rapidly due to increased use of technologies like Facebook, databases that power social networks and applications, and the variety of devices generating digital information. The document provides recommendations for developing strategies and processes to map, preserve, collect, process, and analyze esoteric ESI during legal proceedings and investigations.
IQPC NY Financial Conference on eDiscovery: Legal Speaks Greek and IT Speaks ...J. David Morris
The document discusses challenges with effective e-discovery interactions between legal and IT teams. It notes that legal teams often use too much legal jargon while IT teams use too much technical language, creating communication barriers. IT environments are also very complex with multiple systems, technologies and policies that legal teams may not understand. This can lead to inefficient access to electronically stored information and increased e-discovery costs. The document provides tips for improving interactions, such as developing common vocabularies, bridging knowledge gaps between teams, and quantifying legal risks to collaborate on appropriate solutions.
This document discusses the need for a cross-functional approach to eDiscovery involving IT, legal, and records management. It highlights the importance of designating an eDiscovery liaison to facilitate communication and cooperation across departments. It also emphasizes establishing documented processes and protocols to systematically respond to litigation demands in a way that mitigates risk and ensures legal obligations are met.
This document discusses records management and eDiscovery. It begins with defining key terms like records, certifications, standards, and laws/acts. It then discusses challenges around managing increasing volumes of information and how records management systems can help with eDiscovery processes. Four use cases are presented that show how EMC solutions like Documentum and SourceOne can help with challenges involving paper records, electronic records, distributed electronic data, and responding to eDiscovery requests. The document encourages asking questions about goals, ownership, funding, and stakeholders for records management projects.
This document summarizes a panel discussion on the legal and practical challenges of cross-border e-discovery disputes. It outlines differences between American-style discovery rules and foreign frameworks like the EU Data Protection Directive. The Hague Convention provides an alternative but courts often disregard it. Blocking statutes criminalize sharing information with foreign authorities. Practical considerations include assessing safety, conducting interviews abroad, choosing data processing tools, reviewing foreign documents, and controlling costs. Organizations must coordinate legal, IT, and compliance functions on data policies, records management, and audits.
This document summarizes key topics from a presentation on eDiscovery issues for 2011, including: 1) machine review is becoming more common and the EDRM model may be outdated; 2) cloud computing and social media present new challenges for eDiscovery; and 3) proportionality and cooperation between parties, as advocated in the Sedona Cooperation Proclamation, will be important issues to address in 2011. Sanctions for failures to properly conduct eDiscovery were also discussed.
The document discusses how SharePoint can be used as a catalyst for information governance by providing visibility into content, managing risk and compliance, and simplifying eDiscovery efforts. It notes that over 60% of organizations are using or planning to use SharePoint, often for storing large amounts of unstructured content. Implementing information governance solutions can help organizations address the pain points of compliance, litigation readiness, and managing information growth within SharePoint.
The document discusses tensions that can arise between legal and IT teams during electronic discovery (eDiscovery) due to differences in perspectives and priorities. It outlines the top 5 mistakes of both legal and IT professionals, such as legal teams focusing too much on job roles rather than partnership and IT teams viewing legal as competing for budgets. The document concludes by emphasizing the importance of legal and IT teams working together collaboratively by leveraging each other's strengths to develop a unified eDiscovery strategy that protects the corporation and avoids potential sanctions.
This document discusses the importance of application connectors in eDiscovery. It notes that electronic documents and data can come from many different sources and applications, but application connectors allow eDiscovery software to connect to and collect data from these various sources. Specifically, it highlights how email, email archives, collaborative tools, laptops/desktops, and file shares are common sources of electronic documents and data, but can be challenging to search without the proper connectors. The document encourages expanding the number of applications and repositories that eDiscovery software can connect to in order to increase sales opportunities.
This document summarizes a webinar presented by McCarter & English LLP and EMC Corp on the increased risks of electronically stored information (ESI) loss during employee terminations in today's economic climate. It discusses how employee mobility has increased between generations and in difficult job markets, leading to higher risks of data theft or accidental loss when employees depart. It recommends companies implement document retention policies and litigation holds, preserve former employees' ESI, and be aware of data on personal devices to mitigate these risks and the potential for costly sanctions if ESI is lost or destroyed.
This document summarizes a webinar about eDiscovery and privacy laws in the US and UK. It discusses the differences between the broad discovery process in the US compared to the more limited process in the UK. It also outlines the key principles of the UK Data Protection Act, including the requirements for processing and transferring personal data. Finally, it discusses some of the challenges of cross-border data transfers and litigation between different jurisdictions with varying privacy laws.
“An Outlook of the Ongoing and Future Relationship between Blockchain Technologies and Process-aware Information Systems.” Invited talk at the joint workshop on Blockchain for Information Systems (BC4IS) and Blockchain for Trusted Data Sharing (B4TDS), co-located with with the 36th International Conference on Advanced Information Systems Engineering (CAiSE), 3 June 2024, Limassol, Cyprus.
Essentials of Automations: The Art of Triggers and Actions in FMESafe Software
In this second installment of our Essentials of Automations webinar series, we’ll explore the landscape of triggers and actions, guiding you through the nuances of authoring and adapting workspaces for seamless automations. Gain an understanding of the full spectrum of triggers and actions available in FME, empowering you to enhance your workspaces for efficient automation.
We’ll kick things off by showcasing the most commonly used event-based triggers, introducing you to various automation workflows like manual triggers, schedules, directory watchers, and more. Plus, see how these elements play out in real scenarios.
Whether you’re tweaking your current setup or building from the ground up, this session will arm you with the tools and insights needed to transform your FME usage into a powerhouse of productivity. Join us to discover effective strategies that simplify complex processes, enhancing your productivity and transforming your data management practices with FME. Let’s turn complexity into clarity and make your workspaces work wonders!
Threats to mobile devices are more prevalent and increasing in scope and complexity. Users of mobile devices desire to take full advantage of the features
available on those devices, but many of the features provide convenience and capability but sacrifice security. This best practices guide outlines steps the users can take to better protect personal devices and information.
Programming Foundation Models with DSPy - Meetup SlidesZilliz
Prompting language models is hard, while programming language models is easy. In this talk, I will discuss the state-of-the-art framework DSPy for programming foundation models with its powerful optimizers and runtime constraint system.
Sudheer Mechineni, Head of Application Frameworks, Standard Chartered Bank
Discover how Standard Chartered Bank harnessed the power of Neo4j to transform complex data access challenges into a dynamic, scalable graph database solution. This keynote will cover their journey from initial adoption to deploying a fully automated, enterprise-grade causal cluster, highlighting key strategies for modelling organisational changes and ensuring robust disaster recovery. Learn how these innovations have not only enhanced Standard Chartered Bank’s data infrastructure but also positioned them as pioneers in the banking sector’s adoption of graph technology.
Dr. Sean Tan, Head of Data Science, Changi Airport Group
Discover how Changi Airport Group (CAG) leverages graph technologies and generative AI to revolutionize their search capabilities. This session delves into the unique search needs of CAG’s diverse passengers and customers, showcasing how graph data structures enhance the accuracy and relevance of AI-generated search results, mitigating the risk of “hallucinations” and improving the overall customer journey.
In his public lecture, Christian Timmerer provides insights into the fascinating history of video streaming, starting from its humble beginnings before YouTube to the groundbreaking technologies that now dominate platforms like Netflix and ORF ON. Timmerer also presents provocative contributions of his own that have significantly influenced the industry. He concludes by looking at future challenges and invites the audience to join in a discussion.
Building Production Ready Search Pipelines with Spark and MilvusZilliz
Spark is the widely used ETL tool for processing, indexing and ingesting data to serving stack for search. Milvus is the production-ready open-source vector database. In this talk we will show how to use Spark to process unstructured data to extract vector representations, and push the vectors to Milvus vector database for search serving.
GraphSummit Singapore | The Future of Agility: Supercharging Digital Transfor...Neo4j
Leonard Jayamohan, Partner & Generative AI Lead, Deloitte
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Pushing the limits of ePRTC: 100ns holdover for 100 daysAdtran
At WSTS 2024, Alon Stern explored the topic of parametric holdover and explained how recent research findings can be implemented in real-world PNT networks to achieve 100 nanoseconds of accuracy for up to 100 days.
HCL Notes and Domino License Cost Reduction in the World of DLAUpanagenda
Webinar Recording: https://www.panagenda.com/webinars/hcl-notes-and-domino-license-cost-reduction-in-the-world-of-dlau/
The introduction of DLAU and the CCB & CCX licensing model caused quite a stir in the HCL community. As a Notes and Domino customer, you may have faced challenges with unexpected user counts and license costs. You probably have questions on how this new licensing approach works and how to benefit from it. Most importantly, you likely have budget constraints and want to save money where possible. Don’t worry, we can help with all of this!
We’ll show you how to fix common misconfigurations that cause higher-than-expected user counts, and how to identify accounts which you can deactivate to save money. There are also frequent patterns that can cause unnecessary cost, like using a person document instead of a mail-in for shared mailboxes. We’ll provide examples and solutions for those as well. And naturally we’ll explain the new licensing model.
Join HCL Ambassador Marc Thomas in this webinar with a special guest appearance from Franz Walder. It will give you the tools and know-how to stay on top of what is going on with Domino licensing. You will be able lower your cost through an optimized configuration and keep it low going forward.
These topics will be covered
- Reducing license cost by finding and fixing misconfigurations and superfluous accounts
- How do CCB and CCX licenses really work?
- Understanding the DLAU tool and how to best utilize it
- Tips for common problem areas, like team mailboxes, functional/test users, etc
- Practical examples and best practices to implement right away
Infrastructure Challenges in Scaling RAG with Custom AI modelsZilliz
Building Retrieval-Augmented Generation (RAG) systems with open-source and custom AI models is a complex task. This talk explores the challenges in productionizing RAG systems, including retrieval performance, response synthesis, and evaluation. We’ll discuss how to leverage open-source models like text embeddings, language models, and custom fine-tuned models to enhance RAG performance. Additionally, we’ll cover how BentoML can help orchestrate and scale these AI components efficiently, ensuring seamless deployment and management of RAG systems in the cloud.
TrustArc Webinar - 2024 Global Privacy SurveyTrustArc
How does your privacy program stack up against your peers? What challenges are privacy teams tackling and prioritizing in 2024?
In the fifth annual Global Privacy Benchmarks Survey, we asked over 1,800 global privacy professionals and business executives to share their perspectives on the current state of privacy inside and outside of their organizations. This year’s report focused on emerging areas of importance for privacy and compliance professionals, including considerations and implications of Artificial Intelligence (AI) technologies, building brand trust, and different approaches for achieving higher privacy competence scores.
See how organizational priorities and strategic approaches to data security and privacy are evolving around the globe.
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- The top 10 privacy insights from the fifth annual Global Privacy Benchmarks Survey
- The top challenges for privacy leaders, practitioners, and organizations in 2024
- Key themes to consider in developing and maintaining your privacy program
Climate Impact of Software Testing at Nordic Testing DaysKari Kakkonen
My slides at Nordic Testing Days 6.6.2024
Climate impact / sustainability of software testing discussed on the talk. ICT and testing must carry their part of global responsibility to help with the climat warming. We can minimize the carbon footprint but we can also have a carbon handprint, a positive impact on the climate. Quality characteristics can be added with sustainability, and then measured continuously. Test environments can be used less, and in smaller scale and on demand. Test techniques can be used in optimizing or minimizing number of tests. Test automation can be used to speed up testing.
Driving Business Innovation: Latest Generative AI Advancements & Success StorySafe Software
Are you ready to revolutionize how you handle data? Join us for a webinar where we’ll bring you up to speed with the latest advancements in Generative AI technology and discover how leveraging FME with tools from giants like Google Gemini, Amazon, and Microsoft OpenAI can supercharge your workflow efficiency.
During the hour, we’ll take you through:
Guest Speaker Segment with Hannah Barrington: Dive into the world of dynamic real estate marketing with Hannah, the Marketing Manager at Workspace Group. Hear firsthand how their team generates engaging descriptions for thousands of office units by integrating diverse data sources—from PDF floorplans to web pages—using FME transformers, like OpenAIVisionConnector and AnthropicVisionConnector. This use case will show you how GenAI can streamline content creation for marketing across the board.
Ollama Use Case: Learn how Scenario Specialist Dmitri Bagh has utilized Ollama within FME to input data, create custom models, and enhance security protocols. This segment will include demos to illustrate the full capabilities of FME in AI-driven processes.
Custom AI Models: Discover how to leverage FME to build personalized AI models using your data. Whether it’s populating a model with local data for added security or integrating public AI tools, find out how FME facilitates a versatile and secure approach to AI.
We’ll wrap up with a live Q&A session where you can engage with our experts on your specific use cases, and learn more about optimizing your data workflows with AI.
This webinar is ideal for professionals seeking to harness the power of AI within their data management systems while ensuring high levels of customization and security. Whether you're a novice or an expert, gain actionable insights and strategies to elevate your data processes. Join us to see how FME and AI can revolutionize how you work with data!
Cosa hanno in comune un mattoncino Lego e la backdoor XZ?Speck&Tech
ABSTRACT: A prima vista, un mattoncino Lego e la backdoor XZ potrebbero avere in comune il fatto di essere entrambi blocchi di costruzione, o dipendenze di progetti creativi e software. La realtà è che un mattoncino Lego e il caso della backdoor XZ hanno molto di più di tutto ciò in comune.
Partecipate alla presentazione per immergervi in una storia di interoperabilità, standard e formati aperti, per poi discutere del ruolo importante che i contributori hanno in una comunità open source sostenibile.
BIO: Sostenitrice del software libero e dei formati standard e aperti. È stata un membro attivo dei progetti Fedora e openSUSE e ha co-fondato l'Associazione LibreItalia dove è stata coinvolta in diversi eventi, migrazioni e formazione relativi a LibreOffice. In precedenza ha lavorato a migrazioni e corsi di formazione su LibreOffice per diverse amministrazioni pubbliche e privati. Da gennaio 2020 lavora in SUSE come Software Release Engineer per Uyuni e SUSE Manager e quando non segue la sua passione per i computer e per Geeko coltiva la sua curiosità per l'astronomia (da cui deriva il suo nickname deneb_alpha).
4. Sources of the highest costs of e-discovery
Sources b - e are covered in more detail throughout the webinar
a) Using backup tapes – just barely good for disaster recovery
b) Privilege foul-ups – losing the protection provided by
privilege
c) Overlapping business & personal texting & emails –
poor or non-existent policy management
d) Cost-shifting – towards yourself because you don’t know
how to use the rules to your advantage
e) Angering the judge – not following e-discovery best
practices is a sure way to incite the wrath of the court and
possibly lose the case
4
8. 1st some background so you can better understand the
overlooked issues
! ESI is divided into 5 categories (see Zubulake)
! ESI grouped into 2 tiers – Rule 26(b)(2) -- based on
effort & cost needed to access ESI
1. reasonably accessible
2. not reasonable accessible (NRA)
" Keep these categories in mind when requesting ESI or
responding to a request
" But these 5 categories may be obsolete or incomplete with
cloud computing, Google Docs, and other new storage
environments
8
9. ESI: 5 Categories & 2 Tiers
Tier 1: Reasonably accessible
1. Active, online data: hard drives, active network servers
2. Near-line data (near online): optical disk & mag tape
3. Offline storage & archives: magnetic tape or optical disks;
referred to as JBOD (just a bunch of disks)
Tier 2: NRA – but you may need to produce if good cause is shown
4. Backup tapes, commonly using data compression
5. Erased, fragmented, or corrupted data
9
10. Sanctions
Sanctions can be wide-ranging – and include any or all of the
following:
! Cost shifting
! Adverse inference
! Losing the case
! Losing an otherwise winnable case
! Look at 2010 Pension Committee Case for guidance on
these issues
10
11. Agreements
Parties may attempt to reduce costs by
entering into agreements that will protect
against inadvertent disclosure of privileged
or protected ESI
1. Quick-peek
2. Attorney eyes only
3. Clawback agreements
4. FRE 502
11
12. #3. Prepare for a swift & strong response to litigation
by knowing the rules
12
13. Rule 1
! Often overlooked rule
! Provides for the goal in every action:
! Just
! Speedy
! Inexpensive
" Reduction of costs through best practices
" Proper planning
" Possible cost shifting
13
14. Rule 16(b)
! Search for relevant ESI must be done no later than the first
pre-trial discovery meeting--within 99 days of the filing.
14
15. Rule 26(a)(l)
! Requires an exhaustive search for all ESI, including e-mail
that’s "in the possession, custody, or control of the party."
! must be disclosed "without awaiting a discovery request”
! "in the possession, custody, or control of the party" has not
been interpreted by the courts
! Requires presenting a copy or description by category &
location of all ESI that the disclosing party may use to support
its claims or defences.
! Can an employee’s laptop or BlackBerry device be
considered under the control of the company, even if it’s in
a remote location?
! Where is it all located?
15
16. Rule 26(b) – Meet and Confer
! Must be properly prepared for this meeting
! Involves IT and Lawyers to properly prepare
! Cases can be won or lost
! Must prepared with what you want and what you
don’t want to give up
! Court may issue proper orders to
! Protect
! Preserve
! Disclose
16
17. Rule 30(b) Witness
! A party with ESI should designate a Rule 30(b) witness
! This avoids numerous and duplicative depositions of employees
! It is imperative to educate this person on the ESI issues so they may properly be
deposed on the technology/practices issues (See Pension Committee Case)
! Which files were searched
! How the search was conducted
! Who was asked to search
! What they were told and
! The extent of supervision
17
18. Rules 33 and 34
! Rule 33(d) allows party to specify records to be
reviewed and location as well as ability to copy
! Rule 34(b) allows a party to specify the form of ESI
to be produced.
! Responding party may object to the form
! If no form is requested, then
! the form is normally maintained
! a form that’s reasonably useable
18
19. Rule 37(e) Safe harbor
! Courts may sanction under “inherent power” or Court Rules
! Courts may not sanction parties for ESI "lost as a result of
routine, good faith operation of an electronic information
system."
! To come within the protection of Rule 37(e), a company would
have to show that:
(1) ESI was lost due to the routine operation of an IS, and
(2) the routine operation of the IS was operated in good faith
(3) The extent of sanctions is based upon a continuum of
Fault from simple negligence to gross negligence to
wilfulness/reckless conduct. (Pension Committee Case)
19
20. Rule 45
! Rule 45 applies to non-parties who can
be subpoenaed to provide relevant ESI
that is is their possession. This can be
quite costly and often results in requests
for cost shifting. Examples:
! Yahoo
! AOL
! Verizon
! Similar third parties
20
21. #4. The 3 R’s of e-discovery:
reasonableness, readiness & ROI
Case law illustrates these 3 concepts
21
22. Antithesis of reasonableness: Failing to disclose
Qualcomm Inc. v. Broadcom Corp., 2007
! opinion recommending sanctions for failure of a party
to disclose 200,000 emails prior to trial
United Medical Supply Co. v. US, 2007
! sanctions imposed for failure to adequately preserve
ESI because of faulty e-mail communication with
contractors
There’s virtually no upper-bound on costs & crises when you’re
unprepared for litigation or are unable (or don’t know how) to
manage e-discovery and meet deadlines.
22
23. Zubulake v. UBS Warburg, 2003 – 2005
employment discrimination
! You don’t need to preserve ESI on backup tapes that are
not reasonably accessible (NRA) and beyond the normal
retention times established by your company policy.
2 possible exceptions are:
! If you can identify backup tapes where specific employee
ESI is stored, then you must preserve those tapes, whether
the tapes are reasonably accessible or not.
! If backup tapes are actively being used for info retrieval,
then the tapes would likely be subject to a litigation hold.
23
24. Zubulake v. UBS Warburg, 2003 – 2005
employment discrimination
! If you ask that your opponent pay for production
costs (cost-shifting), your request should be
reasonable
! Analysis of the work and costs involved should be
grounded in fact, for example based on the
results of, ESI data sampling rather than
guesswork. You should be able to back up your
request with specifics of what you need, with a
specific dollar amount.
24
25. Zubulake v. UBS Warburg, 2003 – 2005
employment discrimination
Bottom line …..
At the end of the day, the duty “rests with the party”
25
26. Qualcomm v. Broadcom, 2008
patent dispute
3 clear warnings about e-discovery misconduct
1. very expensive & stupid
2. can change the outcome of a case
3. by attorneys might subject them to discipline affecting their
license to practice
26
27. Lessons from Qualcomm v. Broadcom, 2008
! Prepare your expert witness and make sure your expert can
answer questions
! Know what your expert witness knows. Hearing it for the first
time in court is dangerous.
! Design, validate, & make sure you understand the data map
to minimize the risk of failing to identify & search storage
media containing responsive ESI
! Don’t lie
! Consult external & objective IT experts for their opinions &
help in explaining tech issues
27
28. Victor Stanley v. Creative Pipe, 2008
copyright infringement
Lessons from Grimm’s opinions
! Be able to show your work
! Use a reasonable, transparent & defensible ESI review methodology
! Find and fix your inadvertent disclosures promptly
! Your counsel should cooperate in attempting to reach non-waiver
agreements
28
29. Litigation Hold
There is a duty to preserve potentially relevant ESI when litigation
may be “reasonably anticipated”
! This duty is to both discover and preserve
! Must know what and where it is
! Exists before the lawsuit is filed
! Court can issue Preservation Order, but duty may exist
without it
! Best practices and procedures become important in
identifying the what & where
! 2010 Pension Committee case attempts to set or at least
explain standards applicable to litigation holds and
oversight by counsel
! Need timely written notice for paper and electronic
! Create mechanism for collection and preservation so they
can be searched by others
! Instructions to “immediately suspend destruction”
29
30. Protecting Privilege, Privacy & Work Product
If you get it, can you use it?
! Must disclose all relevant ESI
! May not have to disclose relevant ESI if it’s privileged or
protected (work product)
! Even if not disclosed, you must prepare a privilege log to
identify what you have, who created it, and why you claim it’s
protected.
! If a party objects to your claim of protection, the judge will
make a determination
! Use of Internet can help keep costs down
30
31. Obligation when inadvertent ESI is involved
If you have inadvertently disclosed, or under the circumstances it’s
clear that disclosure was inadvertent, then notify the recipient.
! Recipient must return, sequester or destroy the ESI
! If the recipient disseminated it, then there is a duty of retrieve
! The recipient may send the ESI to the court to be sealed until
the claim of privilege or protection is determined by the court
! Some courts have held that it is both a legal and ethical duty
to notify the responding party if you receive what you know or
have reason to believe is inadvertent disclosure of privileged
or protected ESI
31
32. FRE Rule 502
! Treats inadvertent disclosure as clawbacks
! It is not deemed a waiver if ESI is inadvertently disclosed
! Intentional disclosure in a federal case or to a federal agency
waives the privilege, but is NOT a subject matter waiver
! If disclosure that’s meant to mislead is put forth in an unfair
manner, it will be considered a subject matter waiver
32
33. Evidentiary Issues: You got it, now can you get it in?
! Is it relevant under Rule 401
! Is it authentic under Rule 901(a)
! Is it hearsay under Rule 801
! Except under Rules 803, 804 and 807)
! Is it an original or if a duplicate is there admissible secondary
evidence to prove the contents
! Does the probative value of the ESI substantially outweigh the
danger of prejudice or other factors of Rule 403.
33
35. Failure factors, or Why there’s conflict among IT, HR, & legal
! Ignorance of e-discovery obligations
! No, responding to e-discovery is not optional…
! Yes, you have to preserve those e-mails…
! No, hiding evidence is not the way to win the case..
! Not enough time for people to do their jobs and deal with e-
discovery. Creates too much stress, and too many mistakes and
missed deadlines.
! Lack of strong leadership with the ability to motivate
compliance (or cause pain for noncompliance).
! Bad attitudes (that’s not my job or that’s my job not yours) & blame-
shifting—both related to all of the above
Left unmanaged or uncontrolled, there’ll be no end to conflict.
35
36. Reducing the Failure Factors: Where to start
! Be prepared. Implement and enforce ESI retention policies.
Provide training to create awareness of e-discovery priorities.
! Use a project management approach
! Know who you’re going to call (the ghostbuster
approach). Create collaborative relationships with a vendor(s),
consultant(s), expert(s), etc. for the long-term.
! Read a good (best) e-discovery reference book
& refer to it often.
36
37. Checklist of cost-related questions
! Are you asking the right questions?
! Are you getting answers to the questions you asked?
! What is the cost vs how to control costs?
! How do you preserve the memory about what worked
and what didn’t?
! What did you learn? How will you remember?
! Who’s going to help you when crisis hits?
! Are you prepared for the last minute disaster or
surprise change in scope?
37
38. Questions & comments
! Ian J. Redpath, the expert lawyer
! Linda Volonino, the IT & computer forensics expert
! J. David Morris, EMC moderator
38