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The Duke Conference And E-Discovery Solutions - A Panelist's Perspective

The Duke Conference And E-Discovery Solutions - A Panelist's Perspective

"Judge Scheindlin said that one way to address some of the issues with backup tapes is to stage discovery so that active data is produced first and that backup tapes would be searched only upon a showing that what is needed is not on the active document servers.

I recall that many of the witnesses who were testifying on the original e-discovery rule proposals prior to 2006 mentioned that many times once you search for documents that are readily available on the active servers you usually don't need to go any further. The theme from some of the plaintiffs was that we don't want two million documents. If we get the documents that we need in the first round, we prefer not to have to wade through so many documents."

The Delaware Superior Court Establishes A Complex Commercial Litigation Division To Address The Concerns Of The Business Litigant

The Delaware Superior Court Establishes A Complex Commercial Litigation Division To Address The Concerns Of The Business Litigant

"Probably the most valuable aspect of the CCLD is its E-Discovery Plan Guidelines. It is well-documented that business litigants struggle to strike an appropriate balance between conducting necessary e-discovery and covering the significant expense such discovery often entails. Parties often have to consider whether the likelihood of prevailing, and the likely amount of recovery, justify the cost and uncertainty of embarking on the e-discovery process. To address these very real concerns, the E-Discovery Plan Guidelines allow for meaningful input by counsel into the e-discovery process and call for the entry of an e-discovery order to govern how electronically stored information (ESI) will be preserved, produced and protected. The order is to be entered early in the case and should guide the parties as they proceed to conduct e-discovery. The order also will allow for reasonable restrictions on the scope of e-discovery where a party can show production of certain ESI will subject it to undue burden or expense."

Massachusetts's data protection regulations to have nationwide impact on financial services

Massachusetts's data protection regulations to have nationwide impact on financial services

"Additional comprehensive requirements exist if the personal information is electronically  stored or transmitted. For employers who electronically store information deemed personal under the regulations, the employer must do the following: ensure that there are security protocols in place that govern access to electronically stored  information, including control of user ID’s and the selection and distribution of passwords; restrict access to private records to those who need that information and issue unique identification and passwords to those employees; encrypt any electronically  stored personal information; monitor the systems for unauthorized access or use of personal information; routinely update security agent software so that the software is reasonably up to date; and educate and train employees as to the proper use of the computer security system."