Legal Holds

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    Legal Holds and Trigger Events

  • Must Have Pension Committee Analysis is a Hit at LegalTech

    John Jablonski
    3 Feb 2010 | 8:51 pm
    Contributors to this blog were attending LegalTech (the premier legal technology show put on each year by ALM) in New York City from February 1, 2010 through February 3, 2010.  As readers of this blog know, Judge Scheindlin issued her comprehensive treatise of an opinion in Pension Committee v. Banc of Montreal, Case No. 05-cv-9016 (SDNY Jan. 15, 2010) two weeks before LegalTech.  The opinion is already causing quite a stir in the legal community and will likely be heralded as a landmark opinion for years to…

  • 7 Steps Presentation at LegalTech NY

    John Jablonski
    27 Jan 2010 | 9:05 pm
     Authors of the book 7 Steps for Legal Holds of ESI and Other Documents will be discussing the seven steps, trends and the Pension Committee opinion at LegalTech NY on Monday, February 1, 2010 at 4:14 a.m.  To register or learn more about LegalTech, click here.

  • 12 Myths About Legal Holds Examined

    John Jablonski
    21 Jan 2010 | 5:38 am
    A very good discussion of legal holds and common myths surrounding legal holds was recently released by software as a service provider, LegalHoldPro.  The “Signature Paper” is available for free and contains an extensive bibliography of key legal hold cases.  The approach is easy to follow and turns some frequently asked questions/misconceptions into useful discussion points.  A list of the “Myths” is below and the paper is available for free by clicking here. Myth: “A robust legal hold notification is a ‘nice-to-have,’ not a requirement.” Myth:…

  • Judge Scheindlin of Zubulake Issues "Amended" Comprehensive Legal Hold Opinion

    John Jablonski
    13 Jan 2010 | 5:42 am
     The Judge that brought us the now famous Zubulake series of legal hold decisions has weighed in on the state of litigation holds in the United States.  Her latest decision considers facts over a period of time from pre-Zubulake through the present.  In a lengthy and well researched opinion (including 251 footnotes) the Judge carefully analyzes the state of legal hold law in the United States (a footnote suggests the Judge and two law clerks spent over 300 hours researching and writing the opinion). Since issuing the Opinion on January 11, 2010, the Judge…

  • End Game: Terminating Legal Holds is Easier Said Than Done

    John Jablonski
    10 Jan 2010 | 7:16 pm
    End Game: Terminating legal holds is easier said than done, says John Jablonski. But it's also "an essential part of a defensible legal hold business process." Jablonski, a partner with Goldberg Segalla, and co-author of ARMA's new "7 Steps for Legal Holds of ESI and Other Documents," says that "timely release of legal holds can help corporations escape from the legal hold purgatory." To find out more, check out the January e-discovery showcase in Law Technology News. - Monica Bay, editor-in-chief, Law Technology News
 
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    liza252's Articles

  • Ensuring Business Continuity with Application Services

    2 Feb 2010 | 12:00 am
    Every organization today needs to align IT systems to business processes so that all of them work in tandem to provide the desired results. There are enterprise applications like ERP, CRM and SCM that work in tandem with legacy applications in order to ad...

  • RIM & IDC Services for Global Business

    29 Jan 2010 | 12:00 am
    One of the primary constraints to enhance business prospects is by improving customer satisfaction. But, mostly enterprises have had to operate with constraints in order to deliver high customer satisfaction. Now, since IT department is a major player in ...

  • A Brief Guide on 3 Types of Solr Caches

    27 Jan 2010 | 12:00 am
    In Solr there are three types of built-in caches. Application performance can be enhanced considerably if these caches are set up properly. Solr caches should be carefully used after enough consideration given to the actual usage of the application. Le...

  • A Short Insight on 3 Types of Solr Caches

    27 Jan 2010 | 12:00 am
    There are three types of built-in caches in Solr. When these caches are set up correctly it can aid in improving application performance. The three types of Solr caches should be carefully used after enough consideration given to the actual usage of the ...

  • 5 Popular Gift Items for Friends

    25 Jan 2010 | 12:00 am
    Today is the age of digital and monogrammed accessories. These accessories are very popular amongst college students around the globe. From simple iPod cases to trendy wrist bands, these accessories have caught the fancy of young and old. This popularity ...
 
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    Legal: Regulatory Compliance Articles from EzineArticles.com

  • Myths, Truths & Strategic Tools For Thriving In a New Decade - Fiscal Quiz 16 - Succession Planning

    9 Feb 2010 | 7:52 am
    God forbid, but if you got hit by a bus tomorrow, do you have a trusted lieutenant who can keep your company on track? The results of the question will be helpful on two levels. One, and most important, it will reveal the fiscal fitness of your company. Two, it will serve as a guide to help you evaluate risks you take relative to potential gain. I have also left space below the question and comments for you to write your answers to the questions why and why not, so you can refer to them time and time again. So, step on the scales, dear reader and tell yourself truthfully, How fiscally fit is…

  • Can We Apply the New FTC Rules to Politicians?

    9 Feb 2010 | 7:12 am
    Yesterday I wrote about the new FTC rules that require us to attach disclaimers to our testimonials stating the average or typical results and even point to the actual data that validates the claim in the testimonial. As I was at home trying to relax by watching a little TV to numb my mind I was getting bombarded with commercials from 2 different politicians, each calling each other liars and stating opposite facts than what each is claiming.

  • Who Wants a Magic Decoder Ring For Enterprise and Operational Risk Management (ERM) And (ORM)?

    4 Feb 2010 | 7:52 pm
    If it isn't enough to create or improve a risk management program or process in your company, how do you sort out all the different versions of risk programs? You have heard the terms enterprise risk management, (ERM), operational risk management, (ORM), operations management, financial risks, enterprise wide risk management and who knows how many more. This article will focus on two where your operations and strategic people can collaborate to actually make or save money for the company. That is correct. We are going to talk about the difference between the enterprise and operational…

  • What is Your Company Enterprise Risk Management IQ (ERM)? - Are You Solving Symptoms Or Problems?

    4 Feb 2010 | 3:06 pm
    What invisible profit leaks are putting your company at risk? The hot potato syndrome of financial instrumentation markets, along with an insatiable appetite for debt, was described and ignored a decade ago. This article warns that companies need to focus on and solve their seemingly invisible profit leaks before their companies take on the profile of Bear Sterns and/or or its former chief executive James Cayne.

  • CE Marking to EU Directives

    3 Feb 2010 | 11:54 am
    There are 21 European "New Approach" Directives against which a wide range of products are required to be CE marked against before they are "placed on the market" in Europe. This article gives a brief introduction on the steps that should be followed before placing the CE mark on a product.
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    e-Lessons Learned

  • Use a Fine-Tooth Comb Before and After Document Production

    The document reviewing attorney is charged with an unenviable task: Review thousands of documents to ensure that no privileged information is produced to opposing counsel.  Given the fact that document productions may consist of thousands or even millions of pages of documents, it is not surprising that privileged documents will ...

  • LegalTech 2010: Blogstars, eDiscovelebrities, and… Vendors (They’re Cool, Too)

    Tuesday, February 2, 2010.  Another cold February weekday workday morning.  Another noisy, bumpy, spill-my-coffee-on-my-newspaper-every-two-minutes train to the city.  I looked around me, and observed the others commuting from Newark to midtown Manhattan, beginning their daze days with the lethargy one might associate with a Jets fan circa last Monday. But not ...

  • An Aside: “Smart” Company Policies

    Increasingly, our society devotes a lot of time and energy to the use of smartphones. Whether it is a BlackBerry or an iPhone, it is the craze, and many now feel that they need to access their emails from the palm of their hands. And the corporate world is no ...

  • UPCOMING EVENT: eDiscovery Symposium at Campbell University School of Law – January 22, 2010

    We are happy to report that we have been named the official blog of Campbell University’s Norman Adrian Wiggins School of Law's Annual Law Review Symposium entitled Emerging Issues in Electronic Discovery.  This educational event is on Friday, January 22 from 9:00 AM to 5:00 PM.  Taken from the promotional materials ...

  • Shampoo Moguls Learn That Cowboys Use Zubulake, Too

    In this recent opinion, one Texas Court applied the Zubulake cost-shifting factors to a shampoo company’s unsupported argument that the opposing party should have to share the costs of performing OCR... and booted their argument to the curb. At the pre-trial Case Management Conference, the Court ordered the parties to submit ...
 
 
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    Discovery Resources

  • LTNY Day 3: Video Perspective of e-Discovery & Partnership Trends

    DiscoveryResources.org Editor
    5 Feb 2010 | 3:30 pm
    At LegalTech New York 2010, Ari Kaplan interviewed Mary Mack, Corporate Technology Counsel at Fios, on the value of partnerships in e-discovery. The interview covers Fios’ new partnership with kCura and how, through partnerships, Fios is bringing value to clients who are seeking to control e-discovery costs without sacrificing quality. View Mack’s “video” interview here.

  • Regulators Set Own Limits on E-Discovery

    DiscoveryResources.org Editor
    4 Feb 2010 | 11:32 am
    This National Law Journal article provides a terrific overview of what was discussed at Fios‘ Regulatory e-discovery luncheon during LegalTech NY on Feb. 2. Speakers included: Len Gordon, director of the FTC’s NE Regional Office, David Keyko from Pillsbury Winthrop, Josh Weiss From Cadwalader, Wickersham & Taft and Fios’ Dennis Kiker. Fios’ Mary Mack moderated.

  • The Posse List interviews Mary Mack and Dennis Kiker on collaborative e-discovery

    Jim Woolfrey
    2 Feb 2010 | 5:25 pm
    As part of our their new series “’Data! Data! Data!’ — Cures for a General Counsel’s ESI Nightmares,” The Posse List interviewed Mary Mack and Dennis Kiker. They discuss collaboration and documentation for defensibility among inside and outside counsel, between IT and legal, among joint defense groups and during productions… how to get control of the discovery process. Here’s the interview on the Posse List site: An interview with Mary Mack and Dennis Kiker of Fios: collaborative e-discovery technology and services, and putting it all in perspective.

  • Webcast: Ambrogi’s View on e-Discovery Trends for 2010

    Jim Woolfrey
    22 Jan 2010 | 11:30 am
    1/26 - Robert (Bob) Ambrogi, lawyer, journalist, media consultant and blogger, is known internationally for his work at the intersection of law, media and technology. In an interview with Mary Mack, Bob will share his views on the e-discovery industry and what trends he sees emerging in 2010. More info / register >

  • A Quick Peek at a Decade of e-Discovery

    Mary Mack
    21 Jan 2010 | 11:31 am
    In 2000, after the Y2K scare passed and computers did not crash – although telecom and IT did – Fios started to define electronic evidence with the small group of lawyers, technologists and government people (yes, Ken Withers, that is you). There were four major companies in the electronic evidence space, including Fios. Technology Dial-up was still the norm for Internet connections, with T1 lines for corporations. Not everybody had BlackBerrys. Forensics was still done in DOS, mostly by ex-law enforcement. All but a few attorneys ignored electronic evidence and agreed not to produce it,…
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    The Electronic Discovery Reference Model

  • More Overview Materials for EDRM Lunch-and-Learn Session

    George Socha
    1 Feb 2010 | 3:43 am
    Additional overview materials for the Feb. 1, 2010 EDRM lunch-and-learn session are now available for download: EDRM Data Set Overview EDRM Data Set File Sizes Spreadsheet

  • Overview Materials for EDRM Lunch-and-Learn Session

    George Socha
    30 Jan 2010 | 11:05 am
    Overview materials for the Feb. 1, 2010 EDRM lunch-and-learn session are now available for download: Evergreen: Overview IMRM: Overview | Narrative Jobs: Overview Metrics: Overview | Case Study Model Code of Conduct: Overview Search: Overview

  • EDRM Metrics Overview and Case Study

    George Socha
    28 Jan 2010 | 5:36 pm
    In preparation for the Feb. 1, 2010 EDRM lunch-and-learn session at LegalTech, we have posted two EDRM Metrics documents: EDRM Metrics Overview EDRM Metrics Case Study

  • EDRM Evergreen Diagrams PowerPoint

    George Socha
    28 Jan 2010 | 3:47 pm
    The full set of EDRM Evergreen diagrams is available in a downloadable PowerPoint file. The file contains the main EDRM diagram and the following draft diagrams: Identification Preservation Collection Processing Review Analysis Production Presentation Project Management Go to http://edrm.net/9 and select “The EDRM Framework Guide“

  • IMRM Diagram

    George Socha
    28 Jan 2010 | 1:29 pm
    We have added a draft Information Management Reference Model (IMRM) diagram to the IMRM page: Look for explanations in upcoming posts, or stop by and see us at the EDRM lunch-and-learn session at New York Legal Tech, Mon., Feb. 1, 2010.
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    Google Blog Search: Document Preservation

  • Document Preservation Contractor NYC at Ancestry.com (New York, NY)

    unknown
    30 Jan 2010 | 6:54 pm
    of family history resources, covering billions of historical records & photos, maps, images, millions of ... and equipment is provided, previous experience in document preservation is preferred. This opportunity requires...

  • The Ancestry Insider: Ancestry.com Bloggers Day: DPS Tour

    The Ancestry Insider
    27 Jan 2010 | 11:05 pm
    We were treated to a tour of Document Preservation Services (DPS) after Laryn Brown's presentation. We were told this was the only place we could use our cameras, so of course I forgot and left my good camera behind. ...

  • Anglo-Celtic Connections: More on inside Ancestry.com

    JDR
    27 Jan 2010 | 9:30 pm
    The Ancestry Insider has two more posts of interest to those curious about the inner workings of Ancestry.com. This is notes from a presentation by Laryn Brown, senior director, document preservation operations. ...

  • The Ancestry Insider: Ancestry.com Bloggers Day: DPS (Part 2)

    The Ancestry Insider
    25 Jan 2010 | 11:05 pm
    This is the second half of the presentation from Laryn Brown, Ancestry.com senior director, Document Preservation Services (DPS). Indexing. * Indexing is not transcribing. It is the process of creating a finding aid for the image. ...

  • The Ancestry Insider: Ancestry.com Bloggers Day: DPS

    The Ancestry Insider
    24 Jan 2010 | 11:05 pm
    When we arrived, Laryn Brown, senior director, document preservation operations, gave us a presentation about Digital Presentation Services (DPS), followed by a tour. DPS is the Ancestry.com equivalent of the FamilySearch Digital ...
 
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    Disruptive Knowledge | Jordan Lawrence

  • The ROI for Protecting Confidential Information

    Jordan Lawrence
    27 Jan 2010 | 11:04 am
    Being proactive about protecting your company’s confidential information can go a long way in terms of cost savings. Many companies significantly underestimate what a data breach would really cost, but a recent Ponemon Institute study shows that, on average, a breach will cost $6.75 million dollars. This estimate includes the costs of mandatory notification, post-breach credit monitoring services for victims, legal fees, fines, and the costs associated with disruption to legal and IT staffs during the breach. Overwhelmingly, data breaches aren’t caused by malicious outside forces,…

  • A Closer Look At The Opinion “Zubulake Revisited: Six Years Later”

    Jordan Lawrence
    22 Jan 2010 | 12:42 pm
    In what is sure to be a much talked about, written about, and cited opinion, on January 11 Judge Shira Scheindlin granted sanctions against 13 plaintiffs for failing to meet their discovery obligations, beginning with litigation holds. Judge Scheindlin dubbed the opinion “Zubulake Revisited: Six Years Later,” and cited gross negligence for failure to, “take the necessary steps to ensure that relevant records are preserved when litigation is reasonably anticipated.” Judge Scheindlin noted in her opinion, which supports the precedent-setting 2003 opinion she wrote…

  • Policy Is Only Half The Security Battle, The Other is Practice

    Jordan Lawrence
    20 Jan 2010 | 6:02 pm
    Data loss prevention (DLP) software often leaves companies with a false sense of security, because it cannot detect vulnerabilities that are caused by the way employees conduct their day-to-day business. After a company builds and implements an information management policy it is often left to individual employees and departments to interpret and incorporate these policies into their work processes; the result is employee practices that look dramatically different from company policies. When the security of personally identifiable information (PII) is at stake having a solid policy in place…

  • The Financial Impact of a Data Breach

    Jordan Lawrence
    15 Jan 2010 | 9:02 am
    Data breaches will not only cost your company massive legal fees and customer confidence they also are costing companies millions in settlement agreements. After a data breach exposed the personally identifiable information (PII) of more than 17 million Countrywide customers a class-action lawsuit against the company has resulted in settlement agreements that entitles those affected to up to $50,000 each. Avivah Litian, an analyst at Gartner, said, “One company, in this case Countrywide, is getting all of the headlines, but this could be a rampant practice throughout the…

  • A Look Inside the ‘DATA’ Security Legislation

    Jordan Lawrence
    8 Jan 2010 | 11:58 am
    Both sides of the isle agree, data security and the protection of personally identifiable information (PII) is an important priority for businesses, and a series of laws are being passed to make sure that companies do just that. H.R. 2221, the “Data Accountability and Trust Act,” passed the House on December 8, and is the third bill in the last few months aimed at data and information protection that has been met with general bipartisan approval. The Senate’s Committee on Commerce, Science and Transportation is currently reviewing DATA. If the bill enjoys the same success as…
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    WordPress Tag: Records Management

  • No one cares about ECM (Part 3)

    joeshepley
    8 Feb 2010 | 12:07 pm
    In the last post, we looked at two ways to articulate the benefits ECM has for an organization that are compelling to the C-level decision makers: storage and e-discovery. In this post, we examine two additional ECM benefits that have strong appeal for business users at many organizations: customer communication management and contracting. Customer Communication Management Customer communication management (CCM) refers to an organization’s capability to manage its communication with its customers as a strategic asset at the enterprise level. It encompasses everything from the origination of…

  • Godwin's Law in the archives

    Dee Dee
    5 Feb 2010 | 5:00 am

  • Amount of waste in a paper storage system

    bonzo55
    5 Feb 2010 | 4:02 am
    A thread on the Records-management-UK list discussing how to estimate the likely surplus material in a paper record store. From our experience, about three-quarters isn’t looked at after three years, and has no business use after eight. Steve Bailey of JISC says: List members might be interested to know that JISC infoNet currently have 6 pilot projects running which will be using our Impact Calculator to try to produce some definitive and reliable statistics on the benefits of improving records management, some of which will be looking at questions of physical storage space…

  • No one cares about ECM (Part 2)

    joeshepley
    4 Feb 2010 | 7:23 am
    In the last post, we looked at how important and difficult it is to communicate the benefits of improved content management practices to CXOs. In this post, we’ll explore some ways to articulate the organizational benefits of ECM that are compelling to the C-level decision makers who must ultimately approve and support an ECM initiative. When I ask clients to list the benefits of ECM, they are quick to point out the softer ones: “people will spend less time looking for documents,” “having one version of a document will mean less rework or lost work,” “we’ll spend less time…

  • LegalTech 2010 (February 1-3) was a great show!

    jcscholtes
    3 Feb 2010 | 1:53 pm
    LegalTech 2010 (February 1-3) was a great show! Attendance was definitely up, we were told 30% by some people. eDiscovery is hot. Especially, “bringing eDiscovery in-house” was a theme that resonated very well. Interestingly enough, last year, ZyLAB was one of the few companies to organize an education track around this theme. Now, almost all educational tracks and many keynotes were about “bringing eDiscovery in-house”. This year, on Tuesday, ZyLAB organized 3 educational sessions at the LegalTech 2010 in New York about the implications of bringing eDiscovery in-house. The sessions…
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