Legal Holds

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    Legal Holds and Trigger Events

  • BlackBerrys Make Legal Holds Tougher

    John Jablonski
    20 Nov 2009 | 12:28 am
      An article in the just released December 2009 Issue of InsideCounsel magazine titled "Burned by BlackBerry's" discusses Mechanical Services, Inc. v. Brody, a case we reported on back in September.  In short, the suspicious lack of data on several BlackBerries owned or used by some of the litigants led to sanctions, including an adverse inference jury instruction.  To read our original post, click the case name or here. What InsideCounsel contributes is a quote from e-discovery commentator Ralph Losey.  Mr. Losey   points out that…

  • Court Orders Litigation Hold

    John Jablonski
    14 Nov 2009 | 8:46 am
    Synventive Molding Solutions v. Husky Injection Molding Systems, 2009 U.S. Dist. LEXIS 105306 (D. Vt. Mar. 13, 2009), involves a hotly contested patent infringement lawsuit.  The case is interesting because the court ultimately orders plaintiff to implement a litigation hold as to personnel likely to possess discoverable information.  As follow up to the court’s litigation hold order, the court also orders plaintiff to file a sworn declaration, including, among other things, a description of the “nature and extent of the litigation hold put in place in response to this Order,…

  • ACC's Litigation Master's Series Helps GC's Tackle Litigation Holds

    John Jablonski
    21 Oct 2009 | 6:36 am
    The Association of Corporate Counsel held round two of its Litigation Master's Series on October 9, 2009.  If you missed the presentation or are not a member of the ACC, the presentation slides remain available to view at the ACC's website. The first part of the program covers internal investigations and the second part covers litigation holds.  The presentation hits the basics and the slides contain some practical tips for General Counsel charged with implementing litigation holds for their organizations. Here is an excerpt from the program description: Also, while…

  • Book Review: 7 Steps for Legal Holds

    John Jablonski
    19 Oct 2009 | 10:02 pm
      We have had great feedback from readers following the release of Seven Steps for Legal Holds of ESI and Other Documents (ARMA, June 2009).  Now comes a favorable review of the book, posted at Law.com (in both its Technology and Corporate Counsel sections) further demonstrating that all the hard work was worth it.  Law.com certainly got the message as demonstrated by the closing lines of the review: Isaza and Jablonski don't have the last word on legal holds, but they certainly have the right ones, in seven,…

  • Applying a Legal Hold to Digital Voicemail

    John Jablonski
    11 Oct 2009 | 10:38 pm
    From time to time we reference the hypothetical checklist that proactive organization's keep as a reference when developing the scope of a legal hold.  The checklist, in theory, identifies all areas within an organization where electronically stored information ("ESI") exists to help implement a legal hold.  As the scope of a legal hold is developed, the checklist is used to idenify relevant ESI that should be preserved. As organizations turn to more and more electronic solutions for staying in touch it is important to make sure…
 
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    liza252's Articles

  • Online Gaming & Broadcasting Solutions

    18 Nov 2009 | 12:00 am
    Online gaming has become a craze with youngsters these days. There are many good gaming solutions available in the market that easy game broadcasting. These solutions are ideal to used by gaming sites and game publishers, because they can help to build an...

  • Financial Independence for Young Grads

    30 Oct 2009 | 12:00 am
    Financial independence can make a person to bravely face the world on their own. Young graduates, who are starting out on their own, need to start learning how to manage their finances early. Creating a budget is the primary step since it is an eye-ope...

  • Choose Best Online Universities to Pursue Degree Programs

    29 Oct 2009 | 12:00 am
    Today many students have started to realize the value of virtual learning and its usefulness in getting a job later. Online degrees are offered by many Universities and education institutions and they cover most of the degree programs that are offered by ...

  • Modern Day Testing Tools for the Enterprise

    29 Oct 2009 | 12:00 am
    Most software organizations use the famous v-model to develop software products. This is due to this model’s flexibility to execute both the development and testing phases in parallel. Although a good test automation tool would increase overall testing ...

  • Faster Reach in New Markets through Automated Language Translation Solutions

    26 Oct 2009 | 12:00 am
    In recent times there has been considerable rise in the use of automated solutions for language translations. This is because of the large economical and operational benefits that these automated solutions offer to client organizations. Organizations that...
 
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    Google Blog Search: Legal Hold

  • Evolve From a Tactical E-Discovery Approach to Search and E ...

    Bill Ives
    20 Nov 2009 | 10:33 am
    There needs to be proper legal hold capability within records management. Brian looked at the records management vendors. Many people are using Sharepoint but it is not designed for this task. (see Forrester ECM wave report) ...

  • Recommind Insite Legal Hold v2: Smart Tagging and Filtering for ...

    unknown
    19 Nov 2009 | 8:28 am
    Sometimes companies need a little insight when handling legal holds. Thank goodness that Recommind (news, site) has your back. They have announced the availability of Insite Legal Hold version 2.0. Read full story.

  • Recommind helps enterprises expedite early case assessment with ...

    Administrator
    18 Nov 2009 | 12:58 pm
    Recommind, the leader in search-powered Information Risk Management (IRM) software, today announced the immediate availability of version 2.0 of its industry-leading Insite Legal Hold product. Insite Legal Hold helps enterprises ...

  • Autonomy unviels new collection-to-the-cloud solution for ...

    digitalassetmanagement@googlemail.com (Paul Quigley. Editor DAM BLog)
    15 Nov 2009 | 10:36 pm
    This new solution, which is a key part of Autonomy's industry-leading Legal Hold solution suite, enables global organizations to comply with data privacy laws around the world by ensuring that personal data that does not pertain to the ...

  • Litigation Support Specialist

    Legal Jobs
    15 Nov 2009 | 6:30 pm
    Track process of legal hold cycle with regard to electronically stored information (ESI). ? Follow up with Technology Group to verify if media are being held and log is updated ? Track receipt of imaged hard drives, backup tapes, ...
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    Legal: Regulatory Compliance Articles from EzineArticles.com

  • CE Marking Electronic Products

    20 Nov 2009 | 12:37 pm
    All electronic products sold within the European Union are required to be CE Marked. However I find that there is a large amount of confusion and misunderstanding, with people struggling to find what is required of their product. The legal responsibility for compliance with the CE mark remains with the company that either owns the manufacturing rights for the product, or imports it into the EU.

  • DOT - SP11579 Explosives Haulers Alert, A Must Read Article For Compliance by January 2010

    20 Nov 2009 | 7:38 am
    By January 1, 2010, each vehicle operating under the terms of this special permit must be equipped with three battery disconnect switches - one at the front of the vehicle, one at the rear of the vehicle, and one near the battery box. All switches must be clearly marked. The switches must be installed in a manner that ensures they are protected in the event of a rollover. The disconnect switch must be tested every month and repaired or replaced if the test indicates a malfunction.

  • Website Compliance - How Will the New FTC Laws Affect You

    18 Nov 2009 | 1:55 pm
    Since the inception of the internet, there has not been a lot of website compliance oversight from the FTC. But it is now obvious to the FTC that the growing number of fraudulent activity and complaints warranted a second look. What followed were new rules and regulations that will change the internet as we know it today.

  • The Disability Discrimination Act - What Retailers Need to Know

    18 Nov 2009 | 1:08 pm
    There are over ten million less able adults in the UK who form an important part of the retail industry's customer base. Making premises, goods and services accessible to them is ethical and makes good business sense. It is also a legal requirement.

  • New Interim Rule on HIPAA Penalties Gets Going

    17 Nov 2009 | 11:28 am
    If the old HIPAA penalty rules confused you, don't expect too much from the new one; it's just a little better than the old one. HSS issued an interim final rule with request for comments under the HITECH Act revisions on October 30, 2009. The HITECH stature requires HHS to develop new penalties for violations of health care security that occur after Feb 18, 2009.
 
 
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    e-Lessons Learned

  • GPS Units: Not Just for Driving Directions Anymore

    Officer Keith James of the Coronado Police Department’s Task Force spotted Vincent Franklin Bennett’s boat travelling north near the U.S.-Mexico border on January 27, 2000. Upon boarding Bennett’s boat in San Diego Bay the officers noticed that the registration information did not match the boat, that the boat was riding ...

  • UPCOMING EVENT: HBANJ Corporate Counsel Roundtable Series

    The Hispanic Bar Association of New Jersey invites you to attend its third annual CORPORATE COUNSEL ROUNDTABLE SERIES NOVEMBER 17, 2009 New Jersey Performing Arts Center | Newark, NJ | 8:30 a.m. to 1:00 p.m. View the Roundtable Invite In 2007, The Hispanic Bar Association of New Jersey (HBA-NJ) established the Roundtable Series to provide substantive, continuing ...

  • Data Retention Policies – Not Just a Method for Keeping Documents

    Imagine you are an executive of a computer company that keeps experiencing defects in what is known as a floppy disk controller (FDC), a part in most personal computers.  You decide that a technology needs to be developed to detect and resolve these defects.  But someone else has already developed ...

  • Don’t Forget Your Metadata, The Burden Later May Be Too Much

    This case is a civil rights action brought by more than thirty Latino plaintiffs who allege that the Immigration and Customs Enforcement Division of the United States Department of Homeland Security and certain of its employees subjected them to unlawful, unwarranted searches of their homes in violation of the Fourth ...

  • TREC Legal Track: On the Frontiers of E-discovery

    Unfortunately, the key word search is ineffective for e-discovery.  A keyword search often misses many of the relevant documents.  However, the keyword search is the current standard for searches. Does anything work short of hiring an expert? Jason Baron and Doug Oard of the 2009 TREC Legal Track research team are addressing ...
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    Discovery Resources

  • Buddy, Can You Spare a Dime?

    Tom Mighell
    16 Nov 2009 | 8:18 am
    by Dennis Kiker, Esq., Director, Professional Services, Fios, Inc. Cost containment continued to be the most recurrent theme on day two of the Georgetown Advanced E-Discovery Institute.  And by a pretty wide margin (with no disrespect to any of the other excellent speakers), Ralph Losey and Jason Baron’s presentation on advanced search had to be the most entertaining of the day.  The message was simple: the volume of data created and stored on computers continues to increase exponentially, and traditional methods of identifying, collecting and reviewing that data are becoming…

  • Lions and Tigers and Bears (Oh My!)

    Tom Mighell
    13 Nov 2009 | 11:59 am
    by Dennis Kiker, Esq., Director, Professional Services, Fios, Inc. I’ve often heard colleagues ask prospective clients, “What keeps you up at night?”  Or, “What worries you about e-discovery?”  After all, that is what we, as vendors, want to know: how can our products or services ease your concerns, so that you’ll purchase our products or services.  Thus, it was very interesting to hear, in U.S. District Judge Lee Rosenthal’s keynote address at the Georgetown Advanced E-Discovery Institute that the circle of those wandering through the e-discovery woods watching for ESI…

  • Waiting for Georgetown

    Tom Mighell
    12 Nov 2009 | 12:23 pm
    by Dennis Kiker, Esq., Director, Professional Services, Fios Inc. Last night was cold, rainy, and rather gloomy here in Washington, D.C.  It was also Veteran’s Day, so sensible people had chosen to join their government colleagues and stay home or retire early for the day.  So what else would someone facing a two-day e-discovery marathon choose to do on such a night?  Of course.  Attend an e-discovery roundtable dinner, what else?  And it was great. Really, it was great.  Here’s why: As you might expect when a group voluntarily gathers on Veteran’s Day in the rain and gloom to…

  • AZ Supreme Court says metadata a public record

    Mary Mack
    30 Oct 2009 | 10:12 am
    Records managers will be taking a new look at “Create dates” after the Arizona Supreme Court mandated production of metadata in public records. The case involved a demoted police officer who wanted access to the metadata to prove notes were backdated.  Up until now, most cases have held that there must be a showing that metadata is necessary before ordering its production.  While this case may be applied narrowly for Arizona public records, it may impact other governmental entities and courts. “It would be illogical, and contrary to the policy of openness underlying the…

  • Webcast: 25 and Counting - State e-Discovery Rules Taking Shape

    Jim Woolfrey
    28 Oct 2009 | 12:38 pm
    Wed. 12/16 - As of Sept. 2009, twenty five states have adopted e-discovery procedural rules that reflect the 2006 FRCP amendments. Many others are considering changes. In this 3rd annual webcast, Tom Allman and Mary Mack provide an update.  More info / Register >
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    The Electronic Discovery Reference Model

  • EDRM Data Set Project: EDRM Enron PST Files Now Available

    George Socha
    19 Nov 2009 | 8:11 am
    The EDRM Enron PST files are now available on the EDRM website. They are posted as 32 zipped files, each less than 700 MB in size. Also posted is a spreadsheet listing the zipped files and the 168 .pst files contained in the zipped files. There are several ways to reach the files. The simplest is: Go to the main EDRM page, http://edrm.net. Select the Data Set icon. That will take you to the main Data Set page, http://edrm.net/activities/projects/data-set. Select the “Enron Downloads” tab, and download the files listed there. Please let us know if you have any questions, problems or…

  • EDRM at LegalTech

    George Socha
    10 Nov 2009 | 2:23 pm
    February 1, 201011:45 amto12:45 pmEDRM will at LegalTech NY, with a Lunch & Learn session on Monday, February 1, 2010, in the Hilton’s Petit Trianon room. Find out what we have been doing with EDRM, where we hope to go with the projects, and how you can get involved. Details to follow….

  • Tentative EDRM 2010-2011 Midyear Meeting Dates

    George Socha
    10 Nov 2009 | 2:16 pm
    October 19, 2010toOctober 20, 2010Mark your calendars now – the tentative dates for the EDRM VI (2010-2011) meeting are Tuesday, October 19, and Wednesday, October 20, in St. Paul, MN.

  • EDRM 2010-2011 Kickoff Meeting Dates

    George Socha
    10 Nov 2009 | 2:11 pm
    May 12, 2010toMay 13, 2010Mark your calendars now – the kickoff meeting for EDRM VI (2010-2011) will be Wednesday, May 12, and Thursday, May 13, in St. Paul, MN.

  • CaseCentral and StoredIQ Announce Strategic eDiscovery Alliance

    George Socha
    19 Oct 2009 | 8:01 am
    Press release: Provides Enterprises With End-to-End eDiscovery Solution to Streamline Workflow, Reduce Costs and Minimize Risk BOSTON, MA–(Marketwire – October 19, 2009) – ACC Annual Meeting — CaseCentral, the leader in secure, on-demand eDiscovery software for corporate counsel and law firms looking to simplify and take control of eDiscovery, and StoredIQ, a leading provider of Intelligent Information Management and eDiscovery technologies, today announced a strategic partnership to provide an integrated eDiscovery offering that ranges from identification,…
 
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    Google Blog Search: Document Preservation

  • Stop Press for November 18th | booktwo.org

    James Bridle
    18 Nov 2009 | 3:00 pm
    Micro-Pages – An Artists' Book Project To promote the traditional archival side of document preservation by using microfilm in a non traditional way. / Encouraging Archivists and Information Management professionals to think about the ...

  • 7 Key Items When Planning an E-Discovery Strategy

    Pankaj Bhawnani
    18 Nov 2009 | 11:06 am
    They must closely work together during the phase of document preservation, document collection, processing, review, analysis and document production. All for one and one for all! 6 -- Think of in-house vs. SaaS and hosted eDiscovery ...

  • Penn Pike employees get order to preserve documents for corruption ...

    editor
    16 Nov 2009 | 9:31 am
    The email called a Revised Mandatory Preservation Order gives an indication of the scope of the FBI and state's attorney's probes - a legal "roadmap." The specific projects listed for document preservation: - service plaza development ...

  • Court Order's Litigation Hold

    John Jablonski
    14 Nov 2009 | 8:46 am
    Plaintiff also argued that under Zubulake a corporation is not required to institute a company-wide litigation hold and that litigants are “free to chose” their own means of document preservation. The court also dispatched these ...

  • “The malice of the wicked is reinforced by the weakness of the ...

    barenakedislam
    10 Nov 2009 | 7:46 pm
    Mr. Hoekstra on Saturday sent a “document-preservation request” to the directors of the Department of National Intelligence, the FBI, the National Security Agency and the CIA to prevent a rush to the shredders to destroy embarrassing ...
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    WordPress Tag: Records Management

  • terminology again

    bogdanpopovici2008
    18 Nov 2009 | 12:16 am
    Ceva legat de terminologie.

  • Archives and Archivists in 20th Centry England

    msarahwickham
    15 Nov 2009 | 11:31 am
    I’ve just finished reading Elizabeth Shepherd’s “Archives and Archivists in 20th Centry England” (Farnham: Ashgate, 2009).  It’s a good read, and deserves to be read widely by recordkeepers to understand “how and why the modern archives and records management profession developed in England.”  Much of the current internal discourse within the profession eg. on listservs, at events, and between associations, is founded on debate and discussion about the how.  Shepherd makes a strong case for considering the why – from the historical…

  • Reasons for RM: scanning

    msarahwickham
    13 Nov 2009 | 7:21 am
    I’ve just completed an AIM survey on scanning and was interested in their “reasons for scanning (pick the top 3)” question: Improve process throughput (productivity) Records security and accessibility (compliance) Improve speed of access (customer service) Improve searchability/findability of business documents (knowledge management) Reduce physical storage space (office costs) Improve resilience to incidents (business continuity) More options for re-location, outsource, etc. (organizational flexibility) Reduce usage of paper and copying (environmental) I know AIM are the…

  • UV&S Exhibits at 35th Annual KACo "Kentucky Association of Counties" Conference

    boxylady
    12 Nov 2009 | 2:22 pm
    Underground Vaults & Storage, Inc will host a booth at the 35th Annual KACo Conference and Exposition November 17 – 19, 2009 at the Galt House Hotel & Suites in Louisville, KY.  UV&S Sales Representative Matthew Judd will be present at the booth to answer questions regarding secure document storage, records management practices, electronic media storage solutions, and UV&S imaging services.  Stop by our booth (#39), to register for your chance to win a $50.00 Visa gift card. With the temperatures getting cooler and the leaves falling, it is a great time of year to start…

  • Integrity

    awarland
    9 Nov 2009 | 1:58 am
    Integrity is a key element in recordkeeping.  According to AS ISO 15489, integrity of documents means that they are complete and unaltered. These words mirror s.11(3) of the Electronic Transactions Act 2000 (NSW) which notes that the integrity of information contained in a document is maintained if, and only if, the information has remained complete and unaltered, apart from: (a) the addition of any endorsement, or (b) any immaterial change, which arises in the normal course of communication, storage or display.
 
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