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Bill Tolson
Encrypted and hidden files put eDiscovery at Risk
There are some pretty nice freeware applications available that allow a user to encrypt and hide files/data/electronic records in plain sight on their computers. Can this pose a problem for IT and corporate legal? Let me put it this way: How would you find and place ESI that’s encrypted or is both encrypted and made [...]
The duty to preserve ESI is not always cut and dried
The amendments to the Federal Rules of Civil Procedure (FRCP) describe the duty to preserve potential evidence when litigation can be reasonably anticipated. The term “reasonably anticipated” is a key idea and one that has caused many arguments over the last four-plus years. To make the point that organizations need to be conservative and take [...]
Is the popular Dropbox file sharing application a huge eDiscovery risk?
First let me say the Dropbox file sharing program is one of the greatest applications I’ve run across in a long time and to date has approximately 25 million users world-wide. What is Dropbox? Dropbox is a cloud storage application which synchronizes files between computers and other electronic devices like iPhones. Installing Dropbox creates a [...]
Placing a “Computer Illiterate” in charge of eDiscovery is not a winning strategy for the defense
A case that had been decided for the plaintiff years earlier was reopened due to eDiscovery process questions. In the case of Green v. Blitz U.S.A., No. 2:07-CV-372 (TJW), 2011 WL 806011 (E.D. Tex. Mar. 1, 2011), the original attorney for the plaintiff was a plaintiff’s attorney on another case against the same defendant. During [...]
How do you keep the ESI skeletons out of your closet?
A blog post written by Jim McGann of Index Engines on May 4th zeroed in on an interesting topic; how to keep ESI skeletons out of your corporate closet. In his post Jim writes: Law firms and corporations alike tend to keep data storage devices well beyond what their compliance requirements or business needs actually [...]
