E-discovery As a Litigation Weapon?
July 27, 2006
The proposed amendments to the Federal Rules of Civil Procedure (FRCP) make clear what most companies engaged in complex litigation are already keenly aware of: that 'electronically stored information' is not only discoverable but is essential to the discovery process.<br>The new rules set forth a series of actions related to e-discovery that both parties must abide by or risk the imposition of sanctions. While the exact impact of these new rules, set to become effective on Dec. 1, is unclear, it is safe to say that the millions of dollars spent on e-discovery last year are sure to increase as companies and their counsel struggle to adapt their practices.
Blogging and the Workplace
July 27, 2006
You may not know about it, but it is happening: At least one, and probably more, of your business' employees has entered the 'blogosphere.' The world of blogs, or interactive diaries posted on the Internet, has expanded exponentially over the past 3 years, and 'bloggers' cannot seem to resist the urge to talk about their jobs. These sometimes quasi-journalistic postings raise a host of concerns for employers, such as protecting a hard-won public image, safeguarding confidential information, and preventing defamation of managers and co-workers. Such concerns arise because blogs can reach millions of readers long before the employer even learns about the posting.
<b>Online Exclusive:</b> Around the States
July 25, 2006
<b>Florida.</b> Global Mortgage Funding Inc. has been sued under Florida's 'Do Not Call' law. <br><b>Illinois.</b> Illinois Attorney General Lisa Madigan said that since the state's Identity Theft Hotline was launched in February 2006, it has logged nearly 3000 calls.<br><b>North Carolina.</b> Less than 2 weeks after a bill was introduced, the General Assembly passed a requirement that local and state governments must let citizens know when a security breach could lead to identity theft ' matching the mandate already faced by companies.
<b>Online Exclusive:</b> Government Data Breach Notification Deadline Trimmed to 1 Hour
July 25, 2006
In a White House memorandum dated July 12, the Office of Management and Budget's Electronic Government and Information Technology Division said that all suspected or confirmed data breaches must be reported within an hour of their discovery to the federal response center at the Department of Homeland Security. This is a significant change in reporting policy, as it brings suspected electronic breaches into the same realm of action as known electronic or physical breaches.
<b>Online Exclusive:</b> Around the States
July 18, 2006
California. The California Supreme Court ruled 7-0 in <i>Kearney v. Salomon Smith Barney</i> that out-of-state callers must comply with California law that requires consent from all parties to tape a call.<br>Kentucky. On July 13, Kentucky's new ID theft law went into effect.
