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Approximately 40% of all e-discovery cases in 2009 involved claims for sanctions against parties that allegedly failed to comply with discovery obligations. Of the sanctions cases, 67% addressed an alleged failure to properly preserve ESI.
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In its first ruling on the privacy of workplace texting, the U.S. Supreme Court on June 17 said that a city audit of an employee's messages on a city-owned pager was a reasonable search under the Fourth Amendment.
New technology is available that directly indexes backup data and allows the extraction of files and e-mail without the use of the original backup software. By providing quick and easy access to data on tape, common causes for backup data migraines can be alleviated. This article outlines how to quell the pounding caused by common backup data issues.
The following case study demonstrates how attorneys can use technology to manage their discovery, meet deadlines and keep their heads above water.
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The practice of project management in e-discovery has traditionally been loosely defined, with significant variation in the application of the fundamentals and the people performing these services. In some cases, the individual taking a project management role on a case is an attorney or paralegal, while in others it's the e-discovery services provider's account manager. Some project managers come from IT or document management roles. Within any given case, multiple "project managers" may work together, each applying their own set of practices and procedures.
Headaches caused by staffing problems, insufficient infrastructure and lack of tracking and reporting capabilities have led to some profound innovations and newly adopted best practices. Doing "more with less" is no longer a moniker, but a way of life for many of these firms. Designed out of pure necessity, five distinct best practices have emerged ' strategic investment in service desk analysts, expanded service availability, comparative reporting, team ownership development and reporting.
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In many instances and in many sectors, technology is looked to as the savior, since it's easy to simply focus on the "bright, shiny object" that will quickly and painlessly fix the problem at hand. The same is true in the legal industry when it comes to litigation and e-discovery. Unfortunately, technology is only part of the equation, unable to deliver the promised value without the inclusion of the equally important pillars of people and processes. While many recognize this as a truism, they nevertheless forget (or underemphasize) the importance of the other factors ' much to their detriment.
As yet, however, there is no "duty to assist" in cyberspace. That needs to change. Concerns about new kinds of pirates and a new form of attack ' the "cyber-attack" ' currently fill our newspapers and preoccupy policymakers.
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How difficult is it for these potential clients to find a particular firm online and, once they do, are they motivated enough by what they find to take the next step and contact that firm? Some lawyers embrace online marketing and do it well, while others make mistakes that cost them clients, money and time.
It's not as if lawyers never misbehaved before. But now they're making the same old mistakes ' soliciting for sex, slamming judges, talking trash about clients ' online, leaving a digital trail for bar counsel to follow.