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Rethinking a classic legal strategy: How sound information management policies can make eDiscovery cheaper and faster for companies overwhelmed with discovery requests
A recent ruling on a patent case out of the U.S. District Court in Delaware reminds litigants of the old adage “be careful what you ask for.” The Takeda Pharmaceutical Company v. Teva Pharmaceuticals (2010 WL 2640492 (D.Del)) ruling is also a wake-up call to enterprises to get their house in order when it comes [...]
Taming the Information Explosion
Today’s information-dependent organizations generate and receive mountains of information each day. This avalanche of information is intended to have business value – but this value is only apparent if the information can be effectively utilized. Organizations that do not actively manage their information are being overwhelmed by it. Additional storage requirements, longer backup timeframes, and [...]
Planning for the eDiscovery Eventuality
Everyone in an organization, especially managing attorneys, need to be aware of and understand their and their company’s responsibilities under the amendments to the federal rules of civil procedure (FRCP) as well as their respective states discovery rules. Any employee can, under specific circumstances, be held personally responsible for destruction of evidence. Now this almost [...]
The Classification & Collection of ESI from Custodian Workstations
One of the most painful and risky aspects of the EDRM process is the collection and preservation of uncontrolled custodian ESI on laptops and desktops for ECA and legal hold. Now days, Judges expect corporate litigants have control of their electronically stored information so are not easily persuaded to allow months or years for a [...]
French Email Privacy Restrictions Not Always FRCP Obstruction
The two blog entries below point out some slightly different views of an interesting case about employee email privacy decided in France on Dec 15, 2009. The case was: Bruno B. vs. Giraud et Migot, Cour de Cassation, Chambre Sociale, Paris, 15 Dec. 2009, No. 07-44264 http://chrisdale.wordpress.com/2010/02/22/the-extent-of-te-right-to-privacy-in-french-employee%E2%80%99s-e-mails/ http://www.hhdataprotection.com/2010/02/articles/litigation/new-french-case-removes-automatic-privacy-shield-from-employee-emails-making-them-more-amenable-to-us-discovery/ From the Hogan & Hartson blog: The French high labor [...]
