E-Discovery Legal Issues Guidebook

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TABLE OF CONTENTS:

Electronic Discovery: Where the Law and Technology Collide
by Shawnna Childress
You may be wondering, why your company’s attorneys have recently started bugging you to help them understand the company’s IT systems. You may be thinking that the attorneys should stick with what they were hired to do and leave the technology part up to you. In this article, the legal and technology aspects of the laws behind electronic discovery will be examined from the Information Technology professional view.

Becoming an eDiscovery Hero
by Herbert Roitblat
From an IT perspective, eDiscovery is all about data management. What data do we have, where are those data? How do we access them? Who can speak to the authenticity of these data? Be prepared to testify as to exactly what was done, how it was done, and why it was done.

Online Companies Who Collect Users’ Personal Data — Beware
by Jennifer Fiorentino and Gabriel Ramsey
Many online companies collect personally identifiable data from anyone who accesses their sites, which leaves you wondering what they do with it once collected. [...] Location based services technology include interactive location-based games, retail and real estate applications for a given area, customized news and weather, advertising based on location or pattern of locations, device management to track or locate other devices and public safety applications to alert local authorities.

The Cloud, Server Consolidation, Ephemeral Data, and Information Security: (Manageable) eDiscovery Challenges Facing CIOs and InfoSec
by Sara Johnson Meyers, Shannon Capone Kirk and Fernando Pinguelo
Today’s CIOs and CISOs face challenges with a wide range of technological issues: cloud storage, server consolidation, retention of ephemeral data, data security and privacy laws, to name a few. Why are CIOs and CISOs asked to balance the sometimes competing needs of cost-effective technological solutions for business needs against legal preservation and collection requirements? Simply: Because they have to.

Proactive Management is Required to Contain E-Discovery Risks & Costs
by Marc Jenkins
The readers and contributors to this publication are certainly aware of data’s precious nature. If it were not a valuable asset, then it is highly unlikely that things such as worms, viruses, botnets, spam attacks, Dedicated Denial of Service (DDoS), data loss prevention, and penetration testing would be part of the information security professional’s regular vocabulary and equally be responsible for some sleepless nights.

The Last Firewall: An Interview With Tech Lawyer Derek S. Witte
by Dylan Savage and Derek Witte
Savage was a software engineer for 14 years before getting a law degree. Dylan is launching an e-discovery practice group for Talcott Franklin with Prof. Derek S. Witte. Derek is a law professor and commercial litigator. He teaches e-discovery and Contracts. Before teaching, he litigated large commercial lawsuits for a large law firm. Derek worked, as part of a large team, on one of the biggest spoliation and e-discovery cases of the last decade.

Ediscovery in US Civil Litigation and EU Data Protection
by Monique Altheim
With this article you will learn: the basic principles of US Ediscovery in civil litigation, the basic EU data protection issues related to Ediscovery, the Catch 22 conflict of US Ediscovery in the EEA., the practical solution.

My Organization Wants to Move E-discovery to the Cloud – Now What? Practical Tips for Protecting Your Organization’s Critical Data
by Paul Matthews
For IT security executives, whose jobs have always been challenging, the task at hand has become
more critical than ever: to keep company and employee ESI secure behind the corporate firewall and now, the cloud. Detecting and protecting from security threats, once the most important function of your IT team, will now be handed off to a third party. Cloud-based security is a whole new ball game. So how do you ensure your new potential provider has all bases covered when it comes to protecting your organization’s data and avoiding loss or exposure of your confidential information?

E-Discovery and Technology
by Prof. Nancy Landreville
Prevent premature incorporation of e-Discovery and e-Discovery tools in a cloud environment due to the amount of data required for immediate availability, privacy rule violation potential, and inadequate response capability for discovery compliance ‘on-demand’.


Ten practical steps for streamlining e-discovery from a lawyer’s perspective

by Liam Kennedy
The disclosure of electronic documents has become an increasingly important feature of litigation. The sheer volume of electronic documents may present huge logistical challenges. The issues relating to e-discovery are relatively recent in nature and the manner in which e-discovery is treated is still evolving. However, difficulties with the discovery (and especially with e-discovery) can be embarrassing, time consuming and expensive.


A Little Knowledge is a Dangerous Thing: The E-Discovery Impact of Data Loss Prevention Systems

by James Daley and Dylan Murray
This article examines the nature and purpose of DLP systems, the downstream E-Discovery risks and costs of current and proposed DLP systems, how to analyze these issues in the context of realistic scenarios, and some practical ways to harmonize the use of DLP systems with E-Discovery obligations.


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09ediscovery.pdf

August 27, 2014

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