http://www.applieddiscovery.com The latest news in electronic discovery from Applied Discovery, Inc. en-us Kennon Software's NetMaverick 2010 2010 Applied Discovery, Inc. Electronic Discovery http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B2FA3E2BE-1BC7-42DE-83E0-01D499E7744A%7D In the legal realm, most folks equate the term “value” with the market cost of services. This definition of value as reflecting something’s monetary worth is actually a secondary definition according to the Merriam-Webster Dictionary, and, at least for us, it fails to acknowledge an important element of value—the return to the client. The primary definition of value is “a fair return or equivalent in goods, services, or money for something exchanged.” Jon Resnick {2FA3E2BE-1BC7-42DE-83E0-01D499E7744A} Mon, 11 Apr 2011 07:00:00 GMT News - CompanyACCAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B79DCE722-26AA-45F2-B8F9-02ECC7AEC074%7D Applied Discovery has harnessed the power of the Internet since long before it was known as the “cloud.” Though people typically distinguish between cloud computing, which focuses on providing infrastructure via the Internet, and software-as-a-service (SaaS), which focuses on sharing software applications over the Internet, recently the line between the two has become blurred. According to Canadian lawyer James Kosa, “if a software service is offered on a subscription basis over the Internet, then it is ... Jon Resnick, Esq. {79DCE722-26AA-45F2-B8F9-02ECC7AEC074} Thu, 23 Jun 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B1AA5A0C8-0343-45A7-A93B-031F4C1F1D7A%7D We have commented previously that the hot e-discovery issue of 2011 will be defining the parameters of privacy.The continuing attempt to find secure footing in the realm of social media and privacy is a form of Dante's Inferno for e-discovery wonks. Positions are staked out in a circle with no intersecting lines. Virginia P. Henschel {1AA5A0C8-0343-45A7-A93B-031F4C1F1D7A} Thu, 18 Nov 2010 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B10C85A42-05B2-4911-BDDE-03607C9DB7E0%7D Facebook’s new Timeline format allows users to tell their “life story.” The site allows users to choose certain moments to give top billing on their Timeline; alternatively, they can remove others and hide them from view. Paul Ceglia’s lawsuit against Facebook has uncanny parallels to this new format: according to the social media company, he has allegedly been attempting to create a favorable timeline by fabricating and destroying evidence to create an ownership stake. In 2010, Ceglia filed a lawsuit... Jon Resnick, Esq. {10C85A42-05B2-4911-BDDE-03607C9DB7E0} Thu, 5 Apr 2012 07:00:00 GMT Social Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B8A9A1F8A-052E-4B6D-B7FE-03FA35970DA6%7D Though manual review for relevance and privilege has long been considered the gold standard in discovery, studies have been chipping away at its effectiveness for years. A 1985 study, "An Evaluation of Retrieval Effectiveness for a Full-Text Document Retrieval System" by David C. Blair and M. E. Maron, revealed that although hard-copy document reviewers felt they had located 70% of relevant documents, they had in fact found only 20 percent. Similarly, Maura Grossman and Gordon Cormack's recent article in... James Rhett Brigman, Esq. {8A9A1F8A-052E-4B6D-B7FE-03FA35970DA6} Thu, 18 Aug 2011 07:00:00 GMT News - CompanyServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BE4341DE7-6955-4A5A-A436-040040F132A2%7D The Justices have restored sanity to the workplace investigation with the Court’s opinion in Quon v. Arch Wireless, 2010 U.S. LEXIS 4972 (June 17, 2010). While the legal community was taken aback by the lack of 21st century experience the Court demonstrated during oral argument, it is evident that the Justices scaled the knowledge pyramid in the intervening weeks. Virginia Henschel {E4341DE7-6955-4A5A-A436-040040F132A2} Mon, 21 Jun 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B8F9E12B3-B06D-4ECE-9F06-0517738CA37E%7D In Fulbright Jaworski's "7th Annual Litigation Trends Survey Report," a majority of respondents identified e-discovery as the top litigation area they have targeted for increased spending. And, for most companies, what is the most expensive part of e-discovery? The review process. Even with all the advanced technology available to cull non-relevant and duplicative data, companies still have to spend time sourcing, hiring, and teaching a novice review team for each major e-discovery project. And each tim... Jon Resnick, Esq. {8F9E12B3-B06D-4ECE-9F06-0517738CA37E} Thu, 22 Sep 2011 07:00:00 GMT News - CompanyServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BFA7A3681-0467-4946-B4C2-05D9D0AA234E%7D Social media isn’t just for personal use anymore. “A lot of organizations are finding that working more socially . . . magnifies the value of information.” And as social media site Jive suggests, “telling users not to use social at work is like telling them not to walk on their feet.” Many businesses are turning to using the collaborative tools that social media offers to enhance teamwork on projects—and some companies are marketing themselves as business-oriented sites. For example, Yammer describes... James Rhett Brigman, Esq. {FA7A3681-0467-4946-B4C2-05D9D0AA234E} Thu, 12 Apr 2012 07:00:00 GMT Social Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B1806D075-80E5-4A19-874A-07314A434853%7D Applied Discovery’s promise to uphold the ninth and thirteenth commitments of the ACC Value Challenge Covenant with Counsel reinforces our commitment to using technology to create client value. Specifically, we understand that our clients do not seek novel technology or process for their own sake, but to achieve value consistent with their objectives. We also strive to use technology to our mutual benefit. Jon Resnick, Esq. {1806D075-80E5-4A19-874A-07314A434853} Thu, 19 May 2011 07:00:00 GMT ACCAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B40488F38-F0F2-44BF-8766-0783091E0C18%7D The Law Bulletin Publishing Company recently conducted its third annual survey of Illinois attorneys regarding their experience with technology and electronic discovery. Responses to this year’s survey were somewhat lower than the previous year, returning to the level of the number of respondents in 2008, the first year of the survey. 185 lawyers, IT staff and lit support answered 18 questions that asked about their level of exposure to eDiscovery matters and experiences with electronic discovery vendors... Rob Robinson {40488F38-F0F2-44BF-8766-0783091E0C18} Mon, 5 Apr 2010 07:00:00 GMT News - CompanyNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B599D699C-CE1F-4D26-9E7A-08066A0C4E28%7D Last week, Apple announced it would launch its latest iPhone, the iPhone 4S, on October 14, a move that excited some consumers, confused some Wall Street analysts who were expecting an announcement about the next generation of iPhones, and, more importantly, continued to escalate hostilities with its rival Samsung. This year, Apple and Samsung have sued each other in more than twenty cases in ten countries, including the United States (in federal courts in California and Delaware), Australia, France, Ger... Jon Resnick, Esq. {599D699C-CE1F-4D26-9E7A-08066A0C4E28} Thu, 13 Oct 2011 07:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B4AF1133A-6D3E-4F1B-A950-09DBA51CF480%7D This past weekend I drove with my family to Northern Wisconsin in search of summer camps for my older daughter and to get away from hustle and bustle of Chicago. Growing up in the Midwest, Northern Wisconsin is the place for kids to go to overnight camp in the summer. That certainly hasn't changed given the traffic and tons of out of state plates (mainly Illinois, Minnesota and Michigan) we saw on the way "Up North". My memories of going to camp in Eagle River, WI are very clear in my head even 25-30 yea... Jon Resnick {4AF1133A-6D3E-4F1B-A950-09DBA51CF480} Thu, 12 Aug 2010 07:00:00 GMT News - IndustryLawAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0F7212B3-950D-4E7F-BCC9-0C91C22040E9%7D Kent Walker, Vice President and General Counsel of Google was the closing speaker at the Chief Legal Officer Conference in San Francisco last week; a brilliant strategy by the conference organizers to save an intriguing speaker for last. The conference started strong as well, the kick off speaker Samuel Walker, CLO of Molson Coors Brewing Company, was terrific on FCPA and Antitrust Enforcement Developments. Virginia Henschel {0F7212B3-950D-4E7F-BCC9-0C91C22040E9} Mon, 17 May 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B04296687-9D71-4328-8D95-10C21B53DB92%7D Like March Madness on the basketball court, it's a back-and-forth battle in a New York federal district court over the rulebook for computer-assisted review technology in Da Silva Moore v. Publicis Groupe. The first round of the tournament started on February 8, 2012, when the parties to this case attended a hearing before U.S. Magistrate Judge Andrew J. Peck, who verbally approved the use of computer-assisted review and suggested that he might issue a written opinion shortly thereafter. On February 2... Jon Resnick, Esq. {04296687-9D71-4328-8D95-10C21B53DB92} Thu, 22 Mar 2012 07:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BCFBDF4BC-3D7C-474A-B80F-136BDC1D3155%7D On February 3, U.S. District Judge Colleen McMahon ruled against KPMG's objections to the discovery order U.S. Magistrate Judge James L. Cott entered last October in Pippins v. KPMG, a collective action in which the plaintiffs allege the accounting firm improperly treated them as exempt employees and failed to pay them overtime. The controversy arose when KPMG sought a protective order to limit the scope of its preservation obligations relating to the hard drives of thousands of former employees who migh... Jon Resnick, Esq. {CFBDF4BC-3D7C-474A-B80F-136BDC1D3155} Thu, 9 Feb 2012 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BBCB5EBB8-1707-4B2D-9AF8-13B0EDEE7F59%7D NPR recently featured a story on individuals being charged with the felony of "eavesdropping" for using mobile recording devices to record and/or film their own public encounters with the police or even encounters observed and recorded by bystanders. Twelve states permit felony charges for recording police officers acting in public view. In one instance, the helmet camera on a motorcyclist in Maryland recorded his traffic stop by state police; once he posted the video to YouTube he was charged with three... Virginia P. Henschel {BCB5EBB8-1707-4B2D-9AF8-13B0EDEE7F59} Mon, 20 Sep 2010 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B79424531-5D6F-4C08-BCF6-1445B68BC375%7D Over the last few years, a significant number of cases have addressed parties' failure to cooperate during the federal courts' Rule 26(f) meet and confer process. This has particularly been a problem where parties fail to agree on reasonable search methodologies. In 2011, many judges showed no reluctance to intervene where parties could not agree upon search terms to use to locate responsive ESI. Perhaps judges are losing their patience with parties that fail to reach such an agreement: more judges seem ... Jon Resnick, Esq. {79424531-5D6F-4C08-BCF6-1445B68BC375} Thu, 5 Jan 2012 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6B3733CC-02F8-4B4C-B907-144B1BEAE815%7D In the realm of data, your smartphone is a virtual fingerprint. Think about it: it’s just as unique…and just as potentially damning. Last week, I asked you to get up close and personal with your own smartphone data, so that you could see that virtual fingerprint in action. This week, I’m upping the ante by asking you to decode your very own data genome. Applied Discovery {6B3733CC-02F8-4B4C-B907-144B1BEAE815} Thu, 23 Jun 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B893006F3-97B6-4E97-A5EB-14D6C16BBA80%7D Unless you are a technological Luddite, you heard or read this weekend that Mr. Valukas, the bankruptcy examiner in the Lehman Brothers Holdings, Inc. proceeding, has pulled back the covers on the Repo 105 and 108 transactions that were used to make the balance sheets at Lehman look better than they actually were. Virginia Henschel {893006F3-97B6-4E97-A5EB-14D6C16BBA80} Mon, 15 Mar 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B16732425-A075-4F45-BD60-15EB7F0ACECC%7D For those of us who practice at the intersection of law and technology, the transcript of the Supreme Court’s oral argument in City of Ontario v. Quon serves as a reminder that it is a very small segment of the legal profession that is fully versed in how data is created, transmitted, stored, and manipulated. Watching the brethren attempting to find a meaningful privacy distinction between messages stored onsite and messages stored on a remote server is baffling -wait until they hear about cloud computing. Virginia Henschel {16732425-A075-4F45-BD60-15EB7F0ACECC} Mon, 26 Apr 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B33229C48-176D-4846-9380-17EC5746B803%7D I admit it – I was a geek in my teens. Perhaps I still am. What my geekiness led me to in those formidable years was to collect MAD magazines and to get to know Alfred E. Neuman. You may recall that Neuman's famous motto was "What, me worry?" You may also recall the "fold-ins" inside the back cover of the magazine: images that, upon first glance, appeared to be chaotic or random. But the genius of them was that there was always something hidden in plain sight, discovered upon folding the page a certain w... Applied Discovery {33229C48-176D-4846-9380-17EC5746B803} Thu, 18 Aug 2011 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BC776CC9F-0D0F-4DE1-8382-1879D1EB1BCF%7D Generally, January brings us an electronic discovery decision to dominate the discovery conversations in corridors and conferences. Last year, the water cooler case was the Pension Committee opinion. I was just bemoaning the lack of a wintry judicial blast when the sanctions award in Victor Stanley II was issued by Judge Grimm on January 24th. Virginia P. Henschel {C776CC9F-0D0F-4DE1-8382-1879D1EB1BCF} Wed, 26 Jan 2011 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B8608A932-6037-415C-9F26-1B270C20DA5E%7D So far, I’ve received five e-mails from companies letting me know my name and e-mail were potentially shared as part of what is possibly the largest data breach in history, and I’m anticipating more, since Epsilon handled e-mail marketing for more than 2,500 companies. Headlines like these are scary. According to the European Union, 70% of Europeans are “concerned that their data can be misused by a third party.” However, the need to share personal information online isn’t going to go away. Tha... Jon Resnick {8608A932-6037-415C-9F26-1B270C20DA5E} Wed, 6 Apr 2011 07:00:00 GMT News - CompanyNews - IndustryLawAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BD37A35A1-3D80-4E0E-A493-1C89B9BE5943%7D About two weeks ago, I got home from a business trip that took me to three cities in three days and covered about 2,500 miles in total. It was a Friday night and after a long flight and short drive I walked into my house at about 6:00 p.m. What I really wanted for the next 48 hours was to relax and do nothing. Which is pretty much my idea of a perfect weekend. Jon Resnick {D37A35A1-3D80-4E0E-A493-1C89B9BE5943} Thu, 28 Oct 2010 21:44:00 GMT ACCNews - CompanyNews - IndustryAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BEB7C30A5-D4F5-4849-AD23-1CD14E46F6BC%7D In the legal arena, most advocates seek black-and-white rules and clear results. Litigators aren’t known for balance: it’s just not part of their competitive mind-set. To them, it goes against their basic legal instincts and, more importantly, their obligation to zealously advocate for their clients. In this realm, attorneys might view proportionality as something akin to a dirty word. Applied Discovery {EB7C30A5-D4F5-4849-AD23-1CD14E46F6BC} Thu, 24 Mar 2011 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BC51D70B6-ED09-4191-90E1-1E9D6AE85AFC%7D Well it is almost Thanksgiving and millions of us are on the road again putting us face to face with our new collective enemy…..the TSA ;). I can’t help but chuckle every time I read an article or turn on the television and someone is scolding those naughty TSA workers for their groping, obscene ‘wanding’ and crotch grabbing of innocent grandma’s and three year olds. I am sure we’ve all heard of the story of the guy who said if they touch his “junk” he is going to have them arrested. Jon Resnick {C51D70B6-ED09-4191-90E1-1E9D6AE85AFC} Wed, 24 Nov 2010 08:00:00 GMT News - CompanyServicesAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BAD9BB15F-01E7-45F0-A4A9-2018B5673ACC%7D A carefully built legal case can be undone in the blink of an eye: all it takes is one piece of evidence. And once the document is out there—particularly if it is posted on the Internet—it becomes a part of the permanent digital record, as ATT found out last week. In February, ATT announced its plans to acquire T-Mobile, the country's fourth-largest wireless network, at a cost of $39 billion. ATT's primary rationale for the deal? Expanding higher-speed wireless broadband coverage to 97% of the country... Jon Resnick, Esq. {AD9BB15F-01E7-45F0-A4A9-2018B5673ACC} Thu, 18 Aug 2011 07:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B3871F124-4726-4395-8660-21C66F102122%7D A new colloquialism entered the vernacular last week: “a McChrystal”. The correct usage and precise meaning is not clearly established. Is it an error in judgment while speaking? While speaking to the press? Or, an error in judgment for failing to control the comments of subordinates? Or just inebriated subordinates? Or, an error in judgment for allowing a Rolling Stone reported to be embedded with your staff? Virginia Henschel {3871F124-4726-4395-8660-21C66F102122} Mon, 28 Jun 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B83694E8A-F6C8-4289-8C71-22022A27B7E0%7D Traditionally, discovery projects involved companies with a single location or perhaps multiple locations within the same general geographic area. But in today’s global economy, a large portion of litigation crosses the borders of multiple countries. In cross-border litigation, companies and law firms may wish to leverage the services of a project manager to make sure that they have smooth communication, handle cultural differences, and manage deadlines over multiple time zones. Here are some potential o... Kelli Clark, Esq. {83694E8A-F6C8-4289-8C71-22022A27B7E0} Thu, 10 May 2012 07:00:00 GMT Project Management http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BAAE5739D-A23F-4F6D-8391-22780E233EC2%7D Reduce, reuse, recycle: the familiar mantra associated with recycling of paper and aluminum cans works just as well in the e-discovery context. In particular, our spin on the eighth through eleventh tenets of the Association of Corporate Counsel’s Value Challenge suggests ways in which we add value by creatively and constantly reducing our costs and sharing those savings with our clients. We also pledge never to reinvent the wheel: we look first to past work product and then encourage efficiency and cont... Jon Resnick {AAE5739D-A23F-4F6D-8391-22780E233EC2} Thu, 12 May 2011 07:00:00 GMT ACCAuthor - Jon ResnickNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B19FD73B7-439C-4483-A0C6-23CF26D5CF3F%7D While audits, investigations and litigation are primary drivers for ESI as evidence, the actual need for considering ESI may manifest itself to organizations in a variety of ways as recognizable “triggers”. Rob Robinson {19FD73B7-439C-4483-A0C6-23CF26D5CF3F} Sat, 27 Feb 2010 08:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B9F2EC47E-D296-4896-BF25-2448587FE6A8%7D Sabotage, collusion and the games politicians play! Political allegations of back room dealings and scandals are an old commodity. What is transformative in the "communications age" is laying it out to become public fodder by using email from inside the campaign, and from iPhones and iPads running through the campaign's servers. Is this the result of ignorance or simple indifference? Or were the political "strategists" inside the Tim Cahill gubernatorial race in Massachusetts simply too lazy to conduct t... Virginia P. Henschel {9F2EC47E-D296-4896-BF25-2448587FE6A8} Wed, 13 Oct 2010 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B1AFDA1BF-FBBB-4972-BA1F-2572C0C6B14B%7D Admit it: as you as you read that headline, a cold chill of dread ran down your spine. Because you already knew the answer to that question…and you didn’t like it one bit. Not that I’m trying to diss your personal relationships or anything, but seriously, we all know the answer to that question. We’ll just run down the list of questions to drive the point further home. Applied Discovery {1AFDA1BF-FBBB-4972-BA1F-2572C0C6B14B} Thu, 14 Jul 2011 07:00:00 GMT News - IndustrySocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B592212E8-3207-4C63-8728-260B62DCFAA1%7D In the first of four videos from the Canadian Lawyer Magazine's InHouse E-Discovery Roundtable sponsored by Applied Discovery and moderated by editorial director Gail Cohen, our expert panelists focus on the issue of proportionality and when it should begin to play a part in e-discovery proceedings. Applied Discovery {592212E8-3207-4C63-8728-260B62DCFAA1} Tue, 1 Jun 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B974663C3-C540-46F4-93F7-292068987CB1%7D Today, we’re starting with an exercise: take a moment, if you will, to pull out your smartphone. Humor me by scrolling through your phone call history. Then indulge me further by pulling up your photo library and admiring the shots you have on it. Now, just to try your patience even more: open your phone’s web browser and look at the history. Try to access a website that calls for a username and password – can you get right in without entering them because they are stored? How about your social media too... Applied Discovery {974663C3-C540-46F4-93F7-292068987CB1} Wed, 15 Jun 2011 07:00:00 GMT News - IndustrySocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BF375BE8A-F060-46EE-A74E-293AE6B39868%7D This week at LegalTech, we were proud to announce the publication of the fifth edition of our essential e-discovery resource for practitioners: the Applied Discovery Black Letter Book. Below, I touch on just some of the content we've updated in the 2012 edition. The Black Letter Book profiles the hottest e-discovery issues from 2011, including the perils of self-collection and the ethics of cloud computing. We've also added a chapter focusing on court involvement in drafting rules to bridge the gap be... Jon Resnick, Esq. {F375BE8A-F060-46EE-A74E-293AE6B39868} Thu, 2 Feb 2012 08:00:00 GMT Discovery Book http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BFBFEBDDE-EC2C-4361-920A-2A09CD0ADFB6%7D In the twelve years since Applied Discovery was founded, we’ve seen many changes in the e-discovery industry. Little more than a decade ago, e-discovery was still a relatively new frontier. We were a pioneer at the forefront of the movement, defining the market by developing the first online review application for electronic documents. Jon Resnick, Esq. {FBFEBDDE-EC2C-4361-920A-2A09CD0ADFB6} Thu, 28 Jul 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6B6FEC3A-D327-4B03-8085-2A0A6E3A679C%7D The fourth prong of the ACC’s Value Challenge Covenant with Counsel suggests appointing a dedicated project/relationship manager. Applied Discovery believes that assigning a strong project manager for the entire lifecycle of our projects helps our clients add value by improving quality while managing costs. Further, an effective project manager can mean the difference between a discovery project succeeding and failing. Our experience shows that when combined with the right technology, a project manager c... Jon Resnick {6B6FEC3A-D327-4B03-8085-2A0A6E3A679C} Wed, 27 Apr 2011 07:00:00 GMT News - CompanyACCAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6E561DE2-C24C-498E-B426-2B0C5F316C27%7D Did you know that October is the eighth annual National Cyber Security Awareness Month? If not, there's no time like the present to assess your company's security policies. We've written a lot about data security in the cloud and protecting your data from outside phishing attacks, but what about physical security threats? What if your company's outside counsel is sitting on a train with the contents of his laptop screen visible to all passengers surrounding him? Or what if your company's executive is ... Jon Resnick, Esq. {6E561DE2-C24C-498E-B426-2B0C5F316C27} Thu, 27 Oct 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B2D12794A-5FAE-407B-AC9E-2B51155F14D9%7D Considering One Platform, One Manager, and One Provider for Electronic Discovery from Applied Discovery. Rob Robinson {2D12794A-5FAE-407B-AC9E-2B51155F14D9} Mon, 1 Mar 2010 08:00:00 GMT Services http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B52CAEF48-5552-4A41-9D24-2BF7389E4732%7D Over the last two weeks, I have been focusing on important changes in federal and state court rules and procedures that affect e-discovery. In the final blog of this series, I focus on developments in the District of Delaware. On December 8, 2011, the District of Delaware adopted a revised Default Standard for Discovery, Including Discovery of Electronically Stored Information. The court encourages parties to come up with a discovery plan that suits their needs; however, where they fail to cooperate, ... Jon Resnick, Esq. {52CAEF48-5552-4A41-9D24-2BF7389E4732} Thu, 26 Jan 2012 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BEC9BAC7B-B1C2-4B59-B873-2BFA862D0821%7D The E-Discovery and E-Disclosure 2010 User Survey from The 451 Group According to the 451 Group's E-Discovery and E-Disclosure 2010 User Survey, an end user survey of over 150 participants conducted to understand e-discovery usage and trends, 22% of respondents using outside e-discovery products and services selected Applied Discovery as the provider they used. This was the highest ranking for any of the full service provider and the second highest ranking in the entire survey. Additionall... Rob Robinson {EC9BAC7B-B1C2-4B59-B873-2BFA862D0821} Wed, 21 Apr 2010 07:00:00 GMT News - CompanyNews - IndustryServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B9E96078A-4228-4320-A606-3035AA7C40C3%7D Many of you may view your e-discovery obligations as a necessary evil of doing business. You want to get in, get out, and move on as quickly as possible. To speed the process and take the burden of e-discovery off your plate, you may hire a vendor to perform this supposedly one-time task of e-discovery. If all goes well, you forget about it…until you are facing the next e-discovery crisis. But there is a better approach to the high-stakes game of e-discovery. With litigation and government investigati... Applied Discovery {9E96078A-4228-4320-A606-3035AA7C40C3} Thu, 15 Sep 2011 07:00:00 GMT Services http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BD59CF6AF-1DB8-493D-9E59-30F7E1A2119C%7D As you may or may not already know, The Cloud is the term for a magical place where data is managed or stored outside of your organization's physical IT infrastructure and is accessible via the internet. Most simply put, it's outsourced IT, but with more capabilities. There are Applications in The Cloud (Gmail, Yahoo!, WordPress, etc). Then there are Platforms, which provide the opportunity to write applications that are run and controlled by other Cloud-based Platforms (Google App Engine, Force.com, ... Applied Discovery {D59CF6AF-1DB8-493D-9E59-30F7E1A2119C} Thu, 30 Jun 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B89ECA7B8-FEEC-4240-8E78-3205BB6AAC67%7D Developed with the latest software technologies—including Microsoft .Net, Microsoft SQL Server, and the Microsoft FAST search platform—the Online Review Application (ORA) Platform has integrated Unicode enablement to support ease of internationalization. Applied Discovery supports Unicode throughout all electronic discovery processes allowing extraction, indexing, storage, entry, display, and production of documents. Rob Robinson {89ECA7B8-FEEC-4240-8E78-3205BB6AAC67} Tue, 20 Apr 2010 07:00:00 GMT News - CompanySupport http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0ADD45A2-3BB3-4736-A8FA-3577A513D752%7D Many lawyers still conduct the meet and confer conversation without the participation of in-house IT/IS or outside service provider experts. They may be using a ‘checklist’ approach to the conversation that is likely outdated and incomplete, as the scope of potentially relevant data evolves with our communication technologies. Virginia Henschel {0ADD45A2-3BB3-4736-A8FA-3577A513D752} Tue, 11 May 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B15F024DA-00B0-4FF7-BC00-35BB6A2C5056%7D An autopsy is underway on Capitol Hill, as federal investigators begin to put together a body of electronic evidence to determine how $1.6 billion disappeared from MF Global’s clients. Representative Randy Neugebauer (R-TX) says the “autopsy” is needed to “figure out exactly what happened” as former MF Global employees testify in a hearing before the House Financial Services Committee. The “autopsy” is one of seven federal probes into the company’s collapse, including three by congressional committees... Jon Resnick, Esq. {15F024DA-00B0-4FF7-BC00-35BB6A2C5056} Thu, 12 Apr 2012 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6C396B5F-0F6C-44A6-906D-362D02375C32%7D The Association of Corporate Counsel’s Value Challenge sets up a three-part paradigm for starting discussions about adding value: Meet—Talk—Act. Today, I’ll describe how Applied Discovery uses this paradigm to satisfy the second and third prongs of the Value Challenge’s Covenant with Counsel: providing honest feedback about our clients’ discovery goals and offering full transparency on our abilities and limitations. Jon Resnick {6C396B5F-0F6C-44A6-906D-362D02375C32} Wed, 20 Apr 2011 07:00:00 GMT News - CompanyACCAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B9F7B76D0-6784-41CB-A15A-363E3A4F81D1%7D Though the cost of storing data is decreasing, keeping all of the data your company creates means e-discovery will not only be more expensive, but it will also be riskier. According to EMC, the world will create 1.8 zettabytes of data this year—or, in other terms that might be more meaningful, we’ll create the equivalent of nearly 500 billion DVDs. In light of these statistics, by now, you should no longer be asking why does my company need a document retention policy—you should be asking how do ... Chris Marzetti, Esq. {9F7B76D0-6784-41CB-A15A-363E3A4F81D1} Thu, 7 Jul 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B3EBE5CDD-47F4-4392-9D26-373D367C2B04%7D WARNING: The first few paragraphs have nothing to do with E-Discovery but if you read to the end you will learn something very exciting about the ACC and Applied Discovery! About two weeks ago, I got home from a business trip that took me to three cities in three days and covered about 2,500 miles in total. It was a Friday night and after a long flight and short drive I walked into my house at about 6:00 p.m. What I really wanted for the next 48 hours was to relax and do nothing which is pretty much m... Jon Resnick {3EBE5CDD-47F4-4392-9D26-373D367C2B04} Mon, 11 Oct 2010 07:00:00 GMT News - CompanyACCAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BC9BCC33F-53E3-483B-8AE8-3892D7F0A2A5%7D When you are in the weeds as an associate on large-scale discovery project, you may not have the chance to clarify your understanding of the e-discovery process. To address this knowledge gap, in December of 2010, the Applied Discovery team had the opportunity to meet with a group of associates in need of more information on electronic discovery concepts and process. Virginia P. Henschel {C9BCC33F-53E3-483B-8AE8-3892D7F0A2A5} Thu, 6 Jan 2011 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BF90032B6-8936-4EB1-A1BA-38AA36E1AB50%7D Leave it to Google to create a social media platform that, accessible via invitation only, still managed to hit 25M users within its first month of launch. Leave it also to Google to figure out the holes in existing social media platforms (Facebook privacy settings, anyone?) and create marvelous solutions (drag-and-drop Gmail contacts into designated "Circles" of friends!) for the Google+ launch. Leave it also to Google to capitalize on the legions of data it has acquired on each of us, allowing for it t... Applied Discovery {F90032B6-8936-4EB1-A1BA-38AA36E1AB50} Thu, 4 Aug 2011 07:00:00 GMT Social Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6582C3D6-6CEE-46A9-BB27-3C76F4C3BA67%7D We've seen countless examples of employees losing jobs based on what they've published on Facebook and Twitter in the last year alone. The lesson? What you post on a social media platform can get you fired. That is…until now. Last week, the National Labor Relations Board (NLRB) ordered the reinstatement of five New York workers who were fired after they criticized their work conditions on Facebook. The NLRB found that the employees' social media discussion was protected concerted activity under Sectio... Jon Resnick, Esq. {6582C3D6-6CEE-46A9-BB27-3C76F4C3BA67} Thu, 15 Sep 2011 07:00:00 GMT LawServicesSocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B11DB9E25-D091-47FC-8E56-3CD3B09916C8%7D The New York Times featured a wide ranging article last week by Jeffrey Rosen, The Web Means the End of Forgetting - NYTimes.com , about the consequences and sociological environment that Web 2.0 has created for active social media users. The article dovetails with many of the concerns we have expressed in this blog. However, I am most interested in the portion of the article dealing with the user encryption of data for self-destruction. Virginia P. Henschel {11DB9E25-D091-47FC-8E56-3CD3B09916C8} Tue, 27 Jul 2010 07:00:00 GMT News - IndustryLawServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BDEFF9F2A-F09F-4777-8311-3E2123441728%7D Sponsored by Applied Discovery, the Litigation and E-Discovery Strategies: Meet Confer Best Practices Podcast Series is designed to provide legal and information technology professionals with a four-part introduction and overview of Meet Confer related procedures, preparation, and practices. Featuring industry acknowledged experts from both law firm and corporate environments, this four part series is moderated by electronic discovery expert Virginia P. Henschel of the industry leading electron... Rob Robinson {DEFF9F2A-F09F-4777-8311-3E2123441728} Wed, 10 Mar 2010 08:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B534407DF-788E-4F40-A9DB-3E2E05375CC1%7D The most engaging session I attended last week at ILTA was a product demo session of hosted social network monitoring that evolved into vigorous discussion and debate among the audience, leaving the presenter in the social media “dust”. The presenter simply did not have the business experience or acumen to deal with the social network monitoring issues burning in the audience of corporate and law firm IT professionals. The audience desired concrete answers to the quandaries that their respective orga... Virginia P. Henschel {534407DF-788E-4F40-A9DB-3E2E05375CC1} Mon, 30 Aug 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BD4E74AA2-2F34-409E-B6F2-3E920F766FA4%7D It is a long, winding Qualcomm road, from January 2008 to April 2010, awaiting the final determination of individual attorney sanctions for egregious misrepresentation and incompetence in managing the production of electronic discovery. In 2008, Qualcomm Inc. received a monetary sanction of $8.5 Million. Qualcomm and Morgan Stanley were the bellwether cases that woke up in-house corporate counsel to Fed. R. Civ. P. 26(g): the necessity of understanding the preservation of electronic information relev... Virginia Henschel {D4E74AA2-2F34-409E-B6F2-3E920F766FA4} Wed, 21 Apr 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B2381ADD3-C3BF-43BE-A876-3EE7658E32AD%7D Proportionality is dead to me. We had a long, heart-felt affair, filled with earnest entreaties on the wisdom of strategically preparing for a meet and confer, heart-felt conversations about the importance of conveying to opposing counsel what we would or would not produce…but, really, yes, it’s over between us now. Why, you ask? Because I had recently began to suspect that, while everyone was talking about the importance of proportionality, I was the only one committed to it. And once the s... Applied Discovery {2381ADD3-C3BF-43BE-A876-3EE7658E32AD} Thu, 26 May 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B285054D2-748E-48E0-944F-3F13BA112BB6%7D BELLEVUE, Wash., Aug. 16 /PRNewswire/ -- Applied Discovery, a worldwide electronic discovery leader offering multinational collection, early case assessment (ECA), processing, review, and production services for law firms, corporations, and government agencies, announces the launch of its new electronic discovery suite of services, Applied Discovery Leverage™, at ILTA 2010 on August 22-26, 2010 in Las Vegas (Booth #933). Applied Discovery {285054D2-748E-48E0-944F-3F13BA112BB6} Mon, 16 Aug 2010 07:00:00 GMT News - CompanyNews - IndustryServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BA1715232-99F5-410F-9F14-3F8D5AC7ACE0%7D I attended a superb conference on social media in our nation's capital last week.While there, I had a surprising conversation with a litigation partner from a major law firm who asserted that the reason clients no longer litigate cases is the cost of electronic discovery. I was stunned that, in 2011, the notion of uncontrolled discovery costs still exists. Virginia P. Henschel {A1715232-99F5-410F-9F14-3F8D5AC7ACE0} Wed, 19 Jan 2011 08:00:00 GMT LawServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B7DCA207A-94A0-48DF-B3C8-40ACB6231CC9%7D Many companies are learning lessons daily by experimenting with social media—including many hard-learned lessons about what not to do. A few months ago, Kenneth Cole was blasted for its poor judgment in referencing the political uprising in Egypt in its Twitter campaign. Chrysler’s social media firm dropped a startling expletive in an offensive post on the company’s Twitter feed. Even the Secret Service is not immune, after bashing a network in a tweet last week. Jon Resnick, Esq. {7DCA207A-94A0-48DF-B3C8-40ACB6231CC9} Thu, 26 May 2011 07:00:00 GMT Author - Jon ResnickNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B619ABDEE-CC06-46A2-BEAA-42486588F8E1%7D Early case assessment (ECA) is a trending topic in e-discovery these days. Using ECA allows a company to determine its landscape of electronically stored information (ESI) as early as possible, thus enabling an estimate of the potential cost and burden of discovery and an overall assessment of the risk associated with an investigation or litigation. Marc Doerschel {619ABDEE-CC06-46A2-BEAA-42486588F8E1} Thu, 11 Aug 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B8317269C-EB37-4BC5-855C-442C0392470A%7D Ok, for those of you curious about the comment in my last post, The Weiner Circle (which is actually called the Weiners Circle but nobody calls it that) on North Clark Street in the Lincoln Park neighborhood of Chicago is truly a Chicago landmark, but not really for the hot dogs. Though the hot dogs and the fries can be amazing depending upon the time of night and the condition you are in, the reason The Weiner Circle is legendary is because of the service. And what kind of service can you expect? Well, ... Jon Resnick {8317269C-EB37-4BC5-855C-442C0392470A} Fri, 20 Aug 2010 07:00:00 GMT LawAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B330C8BC1-8502-4A17-9E70-4521A6A35B66%7D On February 21, 2012, the parties in an antitrust case, Kleen Products LLC v. Packaging Corp. of America, appeared before U.S. Magistrate Judge Nan Nolan of the U.S. District Court for the Northern District of Illinois to determine whether the defendants' searches of electronically stored information (ESI) met the requirements of the Federal Rules of Civil Procedure. The plaintiffs asked the court to require the defendants to use computer-assisted review, which they refer to as "content-based advanced an... Jon Resnick, Esq. {330C8BC1-8502-4A17-9E70-4521A6A35B66} Thu, 8 Mar 2012 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B4A8FAC32-9EBC-4461-B2C0-467614EBEEBA%7D When you meet with opposing counsel to confer over your discovery obligations, do you discuss how to handle the inadvertent production of privileged information? If you're in federal court, Rule 26(b)(5) of the Federal Rules of Civil Procedure allows a party that inadvertently produces information protected by the attorney-client privilege or work product doctrine to assert the protection and request its return; the opposing party must comply. For further protection, you can—and should—also negotiate ... Chris Marzetti, Esq. {4A8FAC32-9EBC-4461-B2C0-467614EBEEBA} Thu, 2 Feb 2012 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B7258A14C-9D94-4288-B558-47478026412B%7D I spent eight hours of the closing day of the ACC annual meeting with fellow ACC members stranded in San Antonio by Mother Nature, which turned into an impromptu "feedback session" at the airport while seeking sustenance for the delays and cancellations. Virginia P. Henschel {7258A14C-9D94-4288-B558-47478026412B} Thu, 28 Oct 2010 07:00:00 GMT News - IndustryEventsLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B735AD018-68CB-4F47-822E-47543B538B13%7D To echo the words of Assistant Attorney General Lanny Breuer from a speech he delivered in November 2010, “We are in a new era of FCPA enforcement.” In support of his statement, Breuer cited statistics that the enforcement of this law, which in a nutshell prohibits companies based in or doing business in the United States from bribing foreign officials with “anything of value” to obtain or to maintain business, is “stronger than it’s ever been—and getting stronger” based on the fact that the government h... Marc Doerschel {735AD018-68CB-4F47-822E-47543B538B13} Thu, 19 May 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B545D8EAF-9B23-4C65-AFB9-478566BF665F%7D Applied Discovery, a global electronic discovery leader that offers multinational collection, analytics, processing, review, and production services for law firms, corporations, and governmental entities engaged in audits, investigations, and litigation, today announced the introduction and availability of the Applied Discovery Review Performance Module, a new review management service that allows litigation support professionals to see, understand, and maximize review project performance by providing... Rob Robinson {545D8EAF-9B23-4C65-AFB9-478566BF665F} Mon, 15 Mar 2010 07:00:00 GMT News - CompanyServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BA37927DB-F51A-43E9-BB56-47D2109DCA01%7D Clients have long been frustrated by the standard process of billing for legal services according to the number of hours worked. Despite this dissatisfaction, in 2010, ALM Legal Intelligence released survey findings showing that an overwhelming majority of the nation’s largest law firms still rely on the billable hour rather than alternative fee arrangements, which accounted for a meager 16 percent of firm revenues. Noting how many law firms and other legal service providers have been reluctant ... Jon Resnick {A37927DB-F51A-43E9-BB56-47D2109DCA01} Thu, 5 May 2011 07:00:00 GMT ACCAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BEC74F3DE-8BDB-4A9E-A117-47D5C7CEBB09%7D The concept of predictive tagging may sound like something you would hear Art Bell talking about on Coast to Coast AM, but it is actually a complex algorithm that predicts the tagging of a large dataset based on smaller samples tagged by an expert reviewer. The Applied Discovery offering of Equivio>Relevance not only accomplishes this, but it also does so with a very easy, straightforward approach. All the fancy words aside, the real benefits are improved review accuracy, shortened time required for revi... Marc Doerschel {EC74F3DE-8BDB-4A9E-A117-47D5C7CEBB09} Thu, 8 Sep 2011 07:00:00 GMT Services http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BDAB6306E-7003-481C-A6BC-48C2C5D8CBB6%7D Last week, my colleague, Chris Marzetti, talked about the merits of clawback agreements under Rule 502 of the Federal Rules of Evidence. Another type of agreement often mentioned along with clawbacks is the "quick peek," permitted by The Advisory Committee Notes to Rule 26 of the Federal Rules of Civil Procedure. In these agreements, a producing party agrees to share documents with the requesting party before a full (or even any) review, without waiving claims of privilege, confidentiality, or other ... James Rhett Brigman, Esq. {DAB6306E-7003-481C-A6BC-48C2C5D8CBB6} Thu, 9 Feb 2012 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BF35AC311-110E-443C-9188-49C7684B5593%7D We are nearing the end of our journey through the recently released fourth edition of the Applied Discovery Black Letter Book. Today, we will review the content in chapter 7 of this critical e-discovery resource for attorneys. Jon Resnick {F35AC311-110E-443C-9188-49C7684B5593} Thu, 5 May 2011 07:00:00 GMT Author - Jon ResnickDiscovery Book http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BA224CBCF-CED3-4F59-94F0-4D82FF0EDBF8%7D Last week, the Obama administration revealed a privacy framework entitled "Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy." The framework encompasses four key elements: the Consumer Privacy Bill of Rights, a multistakeholder process that will define "specific practices or codes of conduct that implement the general principles," a Federal Trade Commission (FTC) enforcement mechanism, and a commitment to improve interope... Jennifer Coyne, Esq. {A224CBCF-CED3-4F59-94F0-4D82FF0EDBF8} Thu, 1 Mar 2012 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0ED643EA-2609-4F5F-A74B-5242CA3F5AB3%7D "Managing the RED versus the BLACK ink." That was a statement I made at last week's CLO Leadership confidence in Chicago in referring to the changing role of the in-house lawyer. I was referring to the increasing pressure on GC's to operate as organizational strategic business partners, rather than mere protectors against company liability. It seems a reasonable assumption to think that in-house counsel's job will always entail risk mitigation and liability defense, but the changing landscape of the glob... Applied Discovery {0ED643EA-2609-4F5F-A74B-5242CA3F5AB3} Thu, 22 Sep 2011 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BA79E09A8-E0F9-4939-A624-52A62F83144A%7D While you might not believe it from the news this week, a divided Congress is not the only fiasco that can bring daily business operations to a screeching halt. While business interruption is more closely associated with earthquakes and other natural disasters, it can also pertain to (far more minor) interruptions in daily employee life: an office move, a training session, or – heaven forbid! –a discovery case. All too often, e-discovery is measured solely by the easily visible costs of the “per GB” o... Applied Discovery {A79E09A8-E0F9-4939-A624-52A62F83144A} Thu, 28 Jul 2011 07:00:00 GMT Social Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BF70D3784-93F9-49ED-8FFF-52AA048E9C6A%7D A federal judge in New Jersey recently made a plaintiff the poster child for “the dangers of carelessness and inattention in e-discovery.” In I-Med Pharma Inc. v. Biomatrix, Inc., 2011 U.S. Dist. LEXIS 141614 (D.N.J. Dec. 9, 2011), the court saved the plaintiff from its own ill-considered discovery agreement that would have required it to produce roughly 65 million documents, but the judge still chastised the plaintiff for its naïveté in e-discovery matters. The case stems from an alleged breach of... Michael R. Pontrelli, Esq. {F70D3784-93F9-49ED-8FFF-52AA048E9C6A} Thu, 19 Apr 2012 07:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BE192D92E-8640-4A00-A158-53D84A6F93EB%7D This week, we’ll continue our discussion of the recently released fourth edition of the Applied Discovery Black Letter Book. Today, we review content from chapter 6 of this critical e-discovery resource for attorneys. Here’s a hypothetical for you to consider: let’s say you’re in the middle of discovery with another US-based company, and you need to respond to some garden-variety e-discovery requests seeking the production of e-mail from your client’s employees. Let’s also say that those employees are m... Jon Resnick {E192D92E-8640-4A00-A158-53D84A6F93EB} Wed, 27 Apr 2011 07:00:00 GMT News - CompanyNews - IndustryDiscovery BookAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B414A0228-B4DD-4DC1-8AAE-56B2504DD1CF%7D Since the data breach at e-mail marketing company Epsilon, which affected the data of millions of consumers, we seem to hear about a cyber attack affecting private personal information at least once a week. Just in the last few days, ADP, the International Monetary Fund, and, of all things, Congress have acknowledged breaches in their data systems. Your company’s networks and computers also face the risk of hacker intrusion, whether by exploiting a security lapse to gain access to your network and collec... Jon Resnick, Esq. {414A0228-B4DD-4DC1-8AAE-56B2504DD1CF} Thu, 16 Jun 2011 07:00:00 GMT News - CompanyNews - IndustryServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B90AB2E58-2C45-4033-97C9-575200472A47%7D Some experts claim that e-discovery is quickly becoming a commodity market and, as such, is opening the door for open-source software to start to fill that need. A recent Law.com article, “Open Source Could Change the Future of E-Discovery,” profiled a new open-source project called FreeEed, suggesting that it may have a major impact on e-discovery. Keith E. Moore {90AB2E58-2C45-4033-97C9-575200472A47} Thu, 23 Jun 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B3CFEAD83-0D80-4EED-BF5A-57D73B671928%7D We attended the superlative ITechLaw 2010 World Technology Law Conference last week in the fair city of Cambridge – home of ivy covered brick, Harvard, MIT and Dewey, Cheatham and Howe. The newly proposed U.S. privacy legislation was discussed in the context of the European and Asian experience. We will follow developments in the progression of that legislative proposal in this blog as it occurs. Virginia Henschel {3CFEAD83-0D80-4EED-BF5A-57D73B671928} Mon, 24 May 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B586D66D8-574F-4B37-9B6B-57E8AC48F325%7D You have to love it when the Great White North gets to show the Wild West a thing or two. While the U.S. frets and fusses about the Apple-Google (and now Facebook!) kerfuffle, Canada has yet again demonstrated that mindful restraint combined with keen observation leads to measured-yet-workable approach when it comes to personal privacy. While we look to The Next Big Thing (to hell with the consequences -!), Canadians are busy contemplating the whole picture, from defining the problem, to determining the ... Applied Discovery {586D66D8-574F-4B37-9B6B-57E8AC48F325} Thu, 19 May 2011 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BDB6DEB8F-C7DE-4547-8B54-588AA30AB6C3%7D For at least the last decade, the legal system in the US has been on the verge of drowning in ESI (electronically stored information). The waves have been getting higher and the ocean deeper. The volume of information that must be considered during discovery continues to grow exponentially, but the resources to deal with it are not. Herbert L. Roitblat, Ph.D. {DB6DEB8F-C7DE-4547-8B54-588AA30AB6C3} Mon, 22 Mar 2010 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B858E7CFE-A860-46F8-BBAD-58B7A1BD6F3B%7D Throughout 2011, we've heard a lot of predictions involving the world of e-discovery. Were these predictions valid, or did they go the way of the Rapture? Technology We started the year with a prediction that "armies of expensive lawyers" would be replaced by technology. Was this prediction true or false? False. Any companies that are following that prediction are probably in for a wake-up call in their next lawsuit. This year, e-discovery technology continued to evolve, with computer-assisted rev... Jon Resnick, Esq. {858E7CFE-A860-46F8-BBAD-58B7A1BD6F3B} Thu, 15 Dec 2011 08:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B26E5D59B-BF00-4948-83B0-58ED278B3A0F%7D Last year, we noted that a number of courts had begun shifting the costs of e-discovery under Federal Rule of Civil Procedure 54 and 28 U.S.C. 1920, the federal statute allowing the taxation of "the costs of making copies of any materials where the copies are necessarily obtained for use in the case." Prior to 2008, this statute referred to "copies of paper" rather than "copies of any materials." Since then, parties—and increasingly courts—have used this language to expand the scope of permissible costs... Rob Hellewell, Esq. {26E5D59B-BF00-4948-83B0-58ED278B3A0F} Thu, 22 Mar 2012 07:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B1E6A4F21-D744-4378-AA3E-59509F0C5C23%7D We are practicing law in the second decade of ESI production as an integral element of civil actions, large and small. The amendments to the Federal Rules of Civil Procedure arose from the early years of experimentation: moving preservation from backup tapes to archiving, developing custodian data maps and litigation hold databases, and, avoiding the back breaking total business systems “snapshot”. Virginia Henschel {1E6A4F21-D744-4378-AA3E-59509F0C5C23} Mon, 3 May 2010 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0DB688D9-59E7-49AB-9A3C-597DE823C822%7D The USB drive has become so ubiquitous in daily life it is often an “afterthought” in ESI preservation. Everyone involved in a litigated matter navigates the course of the matter – from investigation to trial/ resolution – with a unique set of assumptions. Many individual assumptions have a commonality when teams routinely work together. Members of an in-house e-discovery response team are on top the organization’s data – which servers each application is linked to; the regulations, privacy requirements ... Virginia P. Henschel {0DB688D9-59E7-49AB-9A3C-597DE823C822} Mon, 2 Aug 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BBE9B1348-CA63-4360-AFF1-5A876EF38CAD%7D Though many companies are aware of the problems and risks associated with retaining e-mail, many still have not incorporated e-mail in their records management programs. The 2011 AIIM State of the Industry Survey revealed evidence of this stark gap between knowledge and practice, including that 15% of respondents delete all e-mail over a certain age, but 16% keep e-mail indefinitely; 27% of respondents have no policy governing e-mail, and 39% are still filing important e-mail in personal Outlook folders.... Applied Discovery {BE9B1348-CA63-4360-AFF1-5A876EF38CAD} Thu, 19 Jan 2012 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B76726756-89A7-4B29-AE01-5D67F8805073%7D Applied Discovery today announced the appointment of Crystal O'Donnell, LL.B., LL.M., formerly counsel for the Ministry of the Attorney General, Crown Law Office - Civil, to the role of Canadian electronic discovery consultant. In this role Ms. O'Donnell will be responsible for advising and supporting Canadian legal professionals in regards to the Applied Discovery complete portfolio of electronic discovery services. Rob Robinson {76726756-89A7-4B29-AE01-5D67F8805073} Tue, 19 Jan 2010 08:00:00 GMT News - Company http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B45A681F8-197A-401D-9960-5DA9523B7B98%7D Rule 26(b)(2)(B) of the Federal Rules of Civil Procedure sets forth limits on the discovery of ESI that "the party identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the party from whom discovery is sought must show that the information is not reasonably accessible because of undue burden or cost." But simply claiming that data is inaccessible or too expensive to access will not satisfy a court. If you plan to argue inaccessib... Gregory Cook {45A681F8-197A-401D-9960-5DA9523B7B98} Fri, 18 Nov 2011 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B44334592-52F3-430E-BEC0-5EB4AD70A901%7D The profession of law is one of service. This year-end blog is a tribute to the many individuals in law firms and corporate counsel departments who will spend this holiday laboring to serve the client. Lawyers, paralegals, administrative staff and IT put aside personal plans to contribute to the team effort. Virginia P. Henschel {44334592-52F3-430E-BEC0-5EB4AD70A901} Tue, 21 Dec 2010 08:00:00 GMT News - Company http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B1256E989-1B32-4A74-8622-5F6DE1753BED%7D View the video stream of the 7th Circuit E-Discovery Pilot Program roundtable that Applied Discovery hosted in December 2009 where Magistrate Judge Nan Nolan and Magistrate Judge David Waxse discuss the importance of cooperation in their courtrooms. Rob Robinson {1256E989-1B32-4A74-8622-5F6DE1753BED} Mon, 1 Feb 2010 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B8DCB91F6-4709-4EEF-8B6D-5FB8DAC78063%7D The other night I attended the Monday Night Football game between the Green Bay Packers and the Chicago Bears at Soldier Field in Chicago. If you are going to a Bears vs. Packers game, you need to be ready for an old school NFL rivalry. The passion level is high for both players and fans; this is a real football game. Jon Resnick {8DCB91F6-4709-4EEF-8B6D-5FB8DAC78063} Wed, 29 Sep 2010 07:00:00 GMT LawAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BCD0630E2-C54A-4C5E-9E24-63210818D284%7D Applied Discovery announced that it will preview its new review performance service, lead an emerging technology session, and highlight global expansion initiatives as part of its participation in LegalTech® New York on February 1-3, 2010. Rob Robinson {CD0630E2-C54A-4C5E-9E24-63210818D284} Tue, 26 Jan 2010 08:00:00 GMT EventsNews - Company http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B85E3C478-C493-452A-8BA2-632F0757154F%7D In a swirl of continuing controversy, a healthcare provider in Pennsylvania terminated an undisclosed number of its professional staff for Facebook postings that may, or may not have, violated HIPAA. Pennsylvania is an “at will” employment state where an employer may terminate an employee (barring an employment or union contract to the contrary) for any legal reason. Virginia Henschel {85E3C478-C493-452A-8BA2-632F0757154F} Mon, 12 Apr 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0C88FEF6-EB62-43C6-90B9-65377ECB2730%7D Applied Discovery announced the launch of its Global Alliance Program. This new program is designed to directly meet client needs by both augmenting the Applied Discovery portfolio of available electronic discovery services and by enabling program partners to offer the Applied Discovery complex discovery capabilities to its clients. Rob Robinson {0C88FEF6-EB62-43C6-90B9-65377ECB2730} Tue, 12 Jan 2010 08:00:00 GMT News - Company http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B4153AA84-2652-4FBF-B47A-65917D9A1D67%7D Last week, I blogged about what you should consider in drafting a social media policy. This week, I want to quantify the risks the 80% of companies without a social media policy face, in case you’re still questioning how much damage someone can do with a tweet that’s limited to 140 characters. Think about it this way: everyone with a computer and a wireless connection is now a publisher of information. And that information isn’t just being published locally, it’s being published globally. With tha... Applied Discovery {4153AA84-2652-4FBF-B47A-65917D9A1D67} Thu, 7 Apr 2011 07:00:00 GMT News - CompanyNews - IndustryLawSocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0C016AE7-57FF-4DEF-8A20-6AD2A648605F%7D More corporations are taking steps to curb “out of control” legal costs by transforming the traditional process for managing legal departments. Hastened by recent events and economic conditions, several corporations have implemented innovative changes in the area of electronic discovery. Rob Robinson {0C016AE7-57FF-4DEF-8A20-6AD2A648605F} Sat, 27 Feb 2010 08:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BD0BA0D8B-807B-4C72-A748-6BC94BC4244E%7D This week Chief Judge Rader of the U.S. Court of Appeals for the Federal Circuit spelled out in uncomplicated terms how the US patent litigation systems "needs improvement." The main area of focus is on the current discovery process and practice– it is just too expensive and unnecessary in the opinion of Judge Rader and the other members of the Federal Circuit Advisory Council (FCAC), who put forth a model rule (PDF). In his remarks at the Eastern District of Texas Judicial Conference, Judge Rader exp... Applied Discovery {D0BA0D8B-807B-4C72-A748-6BC94BC4244E} Thu, 29 Sep 2011 07:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B5BDAF5E8-3635-4533-A2CB-6EB58B014DEB%7D Recently, Jason Baron was a guest blogger for Ralph Losey's E-Discovery Team. Jason's blog detailed his own personal journey for establishing quality in the context of searching and retrieving information within data. Ultimately, Jason poses the right questions: How does one go about designing an optimal process that produces a quality result? Are there ways to regularize or standardize that process? With standardization, is it possible to "certify" the result in a way that is defensible? ... Applied Discovery {5BDAF5E8-3635-4533-A2CB-6EB58B014DEB} Thu, 17 Mar 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B119C4BAB-824F-4D70-8C71-6F6C36734DB0%7D Today, in the second half of a two-part article based on our white paper entitled Advising Clients about E-Discovery, I pick up where my colleague Bud Conner left off and reveal five additional ways counsel can take proactive steps to better prepare their clients to manage e-discovery. Applied Discovery {119C4BAB-824F-4D70-8C71-6F6C36734DB0} Wed, 15 Jun 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6074A366-CAB7-45D7-A253-72EB8452E1E9%7D Our clients have long recognized Applied Discovery as a pioneer in the e-discovery industry. Our robust experience level and expertise, honed through twelve years of managing discovery in thousands of matters and handling petabytes of electronically stored information, have long differentiated us in the market. We've also always been on the forefront of technology, as demonstrated by our Leverage™ Suite with predictive tagging powered by Equivio and early case assessment services. So where could we po... Jon Resnick, Esq. {6074A366-CAB7-45D7-A253-72EB8452E1E9} Thu, 16 Feb 2012 08:00:00 GMT News - CompanyServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6379A999-4F3D-41D3-A1BA-7361B6A510DF%7D Remember the days when we measured data in bits and bytes? When petabytes seemed merely imaginary? Here’s a quick primer for those of you unfamiliar with this lingo: · 1 Bit = one binary digit (represented by a 0 or a 1). · 1 Byte = 8 Bits (or one text character) · 1 Kilobyte = 1,000 Bytes · 1 Megabyte = 1,000 Kilobytes · 1 Gigabyte = 1,000 Megabytes · 1 Terabyte = 1,000 Gigabytes · 1 Petabyte = 1,000 Terabytes · 1 Exabyte = 1,000 Petabytes · 1 Zettabyte = 1,000 Exabytes · 1 Yottabyte =... Jon Resnick, Esq. {6379A999-4F3D-41D3-A1BA-7361B6A510DF} Thu, 2 Jun 2011 07:00:00 GMT Author - Jon ResnickNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B727F22B4-7D61-4E59-9661-75B61FF8EAD9%7D I realize I might be throwing the gauntlet down with this statement, but here goes: there is no clear definition of "Value" in the legal services industry. That's right; I said it. There is no one definition—no "one size fits all" understanding. In fact, you've missed the premise entirely if you think there is. And now I shall sound like a philosopher, or perhaps a Buddhist: the point is not providing a concrete answer to the question of What is Value?; rather, the point lies in the quest itself. The... Applied Discovery {727F22B4-7D61-4E59-9661-75B61FF8EAD9} Thu, 21 Apr 2011 07:00:00 GMT ACCNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BA87CAECF-9514-4D12-AF53-78E3E93D947E%7D This week, I continue to evangelize on the need for litigation readiness by introducing the "e-discovery playbook", a concept that some (but not enough) companies embraced a few years ago. Well, I'm announcing today that the playbook merits a comeback, as all companies need a defensible, wash-rinse-repeat plan that they employ in responding to e-discovery demands. But first consider this. One email can cost over $4 to run the e-discovery gamut…which means that one gigabyte of data could cost a company... Applied Discovery {A87CAECF-9514-4D12-AF53-78E3E93D947E} Thu, 1 Sep 2011 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6FA122E9-59D3-484B-8755-7A592E13755E%7D Perhaps it’s just due to the recent auditions of country music singers in this year’s “American Idol” auditions, but the lyrics from Garth Brooks’ song “I’ve Got Friends in Low Places” keep running through my head. In light of Google’s decision this week to add social media to its search results, the line “I'm not big on social graces” seems to carry even more weight. Jon Resnick {6FA122E9-59D3-484B-8755-7A592E13755E} Thu, 24 Feb 2011 08:00:00 GMT News - CompanyServicesAuthor - Jon ResnickSocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BE633B065-2ED1-4476-9B54-7B0F64457A37%7D I think it was the names that hooked me: Bimbo Bakeries and Grupo Bimbo. I’ve been following the case of baking industry executive Mr. Botticella and the secrets of the Thomas’ English Muffin since February, awaiting the opinion of the Third Circuit Court of Appeals on the injunction precluding Mr. B from going to work for Hostess Bakeries. Mr. B was enjoined from going to work for Hostess until after the Court resolved the merits of Bimbo’s misappropriation of trade secrets claim against Mr. B. While M... Virginia P. Henschel {E633B065-2ED1-4476-9B54-7B0F64457A37} Mon, 9 Aug 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B208D1021-7504-4B79-BF1F-7DF65DDD0EAC%7D Among the many e-discovery milestones we reached in 2011, none may leave a more indelible mark than what has been called the first case of e-discovery malpractice. Earlier this year, J-M Manufacturing sued McDermott Will Emery in connection with its discovery practices. In the whistleblower litigation underlying the malpractice claim, J-M Manufacturing worked with McDermott to identify custodians likely to have information responsive to subpoenas from the federal government as well as two state governme... Jon Resnick, Esq. {208D1021-7504-4B79-BF1F-7DF65DDD0EAC} Thu, 8 Dec 2011 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BC0D20458-2E64-4FF7-BEF6-81E72F2C6690%7D The basic issue for organizations in coping with all aspects of social media and communications by employees is lack of understanding. Organizations are faced with the dichotomy of employees believing they are entitled to “workplace privacy” at a much higher level than those same employees demonstrate in their personal email communications and social media postings. Apparently few employees understand that routine business operations, disaster recovery planning and regulatory requirements result in orga... Virginia P. Henschel {C0D20458-2E64-4FF7-BEF6-81E72F2C6690} Sun, 6 Jun 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B87872F1C-1C9E-4D69-BE62-8346E1B3BDF8%7D According to Judge Kozinski, the internet has killed the First Amendment. Further explained: once information is published on the web, it’s viral in minutes, rendering “the suppression of speech impossible.” And according to me, the 4th Amendment is the Internet’s next victim. The right to privacy is rapidly changing, with lines between private act and public consumption becoming blurrier all the time (hello, Weinergate!). Mobile technology –mixed with the internet – seduces us into giving our liv... Applied Discovery {87872F1C-1C9E-4D69-BE62-8346E1B3BDF8} Thu, 9 Jun 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BD3E447A6-72AE-45C3-A7B9-85D1753EADFE%7D It is logical to state that the longer a case lasts, the more it costs. But in elongated matters many of the "hidden" costs may not just be in tolling legal fees of outside counsel. Barriers to settlement, personnel drain, opportunity costs and loss of business focus often creep into the management of a legal matter, unnoticed by the players involved. A case originally valued at $1M in liability can suddenly rack up $800k worth of fees…with no end in sight. The costs can even outweigh those of the origin... Applied Discovery {D3E447A6-72AE-45C3-A7B9-85D1753EADFE} Thu, 25 Aug 2011 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B76832201-CC42-4770-AC21-88891EAFD042%7D At this year's ACC Annual Meeting, which will take place in Denver from October 23 to 26, you won't have to wait in long lines to sign in or out of a session to obtain your CLE credits. Instead, you'll benefit from the ACC's new RFID Attendee Tracking System. RFID stands for radio frequency identification. With this technology, you'll simply be able to walk in and out of your CLE session and receive credit. When you pass through the reader gates or tap your ID badge to the reader located inside each C... Jon Resnick, Esq. {76832201-CC42-4770-AC21-88891EAFD042} Thu, 20 Oct 2011 07:00:00 GMT ACCEvents http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B39CC2C91-0984-4179-B550-88CDD8B69362%7D This week, I continue the series of previews from the latest edition of the Applied Discovery Black Letter Book . Today, I’ll highlight content from the second chapter of this key e-discovery resource for attorneys. I’ve also posted some content from Chapter 2: Preservation, Collection, and Spoliation of the Black Letter Book as a bonus. As you’ll learn in Preservation, Collection, and Spoliation, the adage that the best offense is a good defense is as true ... Jon Resnick {39CC2C91-0984-4179-B550-88CDD8B69362} Thu, 24 Mar 2011 07:00:00 GMT News - IndustryDiscovery BookAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BBF3C784A-1F98-413A-BD5D-895E030FF926%7D Experience stepped up to the dais in Toronto this week, as Applied Discovery presented a panel exposition on the topic of proportionality and the practical application of the concept to "real world" discovery. We have previously blogged on this topic under the caption of Canada's Golden Rule.Joining us on the dais were Master Calum MacLeod, Ontario Superior Court of Justice, Kelly Friedman, Chair, Sedona Canada Partner, Ogilvy Renault, and Susan Nickle, Wortzman Nickle Professional Corporation. The sess... Virginia P. Henschel {BF3C784A-1F98-413A-BD5D-895E030FF926} Wed, 20 Oct 2010 07:00:00 GMT EventsLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BF70D659A-35B2-4F34-BCCC-8BBF4CCFDBE6%7D This week, we’ll continue to delve into the content of the recently released fourth edition of the Applied Discovery Black Letter Book. Today, we’ll explore some of the content from chapter 4 of this critical e-discovery resource for attorneys (which, by the way, is available in e-reader format for the first time). We’ve also posted an excerpt from chapter 4 as a bonus. Chapter 4 covers several developing issues involving workplace computer privacy concerns as well as the authentication, admissibility... Jon Resnick {F70D659A-35B2-4F34-BCCC-8BBF4CCFDBE6} Thu, 14 Apr 2011 07:00:00 GMT News - CompanyNews - IndustryDiscovery BookAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6DBC0404-F414-4609-91C4-8C7883718382%7D The cloud is everywhere…thanks to Apple. Yesterday, Apple launched iCloud, a suite of online services that includes free storage of documents, e-mail, calendars, applications, books, photos, music, and more. And what's even neater? Apple's new operating system, iOS 5, which is also free, allows you to sync directly with the company's iCloud services. In other words, with this software, you'll no longer need to sync your personal devices such as your iPhone or iPad with your computer—the information is ef... Jennifer Coyne, Esq. {6DBC0404-F414-4609-91C4-8C7883718382} Thu, 13 Oct 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B71FE9F21-02C8-49BA-AEBB-8E5810C02E4D%7D Managing a large, complex litigation matter is challenging. Not only must clients focus on achieving results on the substantive legal issues, but they also face a logistical nightmare with many moving parts in the discovery process. That’s why Applied Discovery implements its Project Map and Workflow from the moment we are engaged in a manner. By following the steps outlined below, which we have developed from more than a decade of experience working with hundreds of clients on thousands of matters, we c... Michael R. Pontrelli, Esq. {71FE9F21-02C8-49BA-AEBB-8E5810C02E4D} Thu, 14 Jul 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B3A5136D0-2DD5-4469-B0AD-8F23E75698A3%7D Why is it that so many high-profile politicians are not in the news for the right reasons? In the last month alone, former Senator and presidential candidate John Edwards, former California Governor Arnold Schwarzenegger, and former Senator John Ensign have all faced the fallout from their extramarital affairs. Now, directly on their heels, comes Weinergate. Jon Resnick, Esq. {3A5136D0-2DD5-4469-B0AD-8F23E75698A3} Thu, 9 Jun 2011 07:00:00 GMT Author - Jon ResnickNews - IndustrySocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B8114472B-A4DE-4FC8-989D-8F2944CA59B2%7D This week, we’ll continue to delve into the content of the recently released fourth edition of the Applied Discovery Black Letter Book. Today, I’ll continue to focus on content from the second chapter of this critical e-discovery resource for attorneys (which, by the way, is available in e-reader format for the first time). I’ve also posted an excerpt from chapter 2 as a bonus. Jon Resnick {8114472B-A4DE-4FC8-989D-8F2944CA59B2} Thu, 31 Mar 2011 07:00:00 GMT News - IndustryDiscovery BookAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BFDB601F9-F811-4EED-9A5F-90E2AE35F288%7D Here is the promised blog on the lively discourse between Les Honorables Scheindlin and Waxse at the ACC Annual Meeting. Judge Scheindlin began with the "state of preservation obligations" derived from her opinion in The Pension Committee of the University of Montreal Pension Plan.She noted that preservation obligations arise under many sources including common law, statute, regulation and court order. Breach of the preservation obligation may lead to spoliation of evidence (the spoliation finding req... Virginia P. Henschel {FDB601F9-F811-4EED-9A5F-90E2AE35F288} Mon, 8 Nov 2010 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B938FD613-842D-4604-915F-940D24FBDE93%7D This week, we’ll continue to explore the recently released fourth edition of the Applied Discovery Black Letter Book. Today, we review content from chapter 5 of this critical e-discovery resource for attorneys. Federal Rule of Civil Procedure 26(b)(5) suggests that if a party inadvertently produces information in discovery that is subject to the attorney-client privilege or work product protection, the producing party is entitled to assert the privilege or protection, and the receiving party cannot use ... Jon Resnick {938FD613-842D-4604-915F-940D24FBDE93} Wed, 20 Apr 2011 07:00:00 GMT News - CompanyNews - IndustryDiscovery BookAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B285DBF24-67E3-40FC-A29B-96B19C14FA7C%7D Canadian practitioners are benefiting from the progression of electronic discovery in the U.S. that led to advanced search technologies and strategies for managing the cost of review and production, together with a body of case law highlighting mistakes U.S. practitioners have made along the way. Applied Discovery {285DBF24-67E3-40FC-A29B-96B19C14FA7C} Wed, 21 Jul 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B199FF953-F12F-4166-A0A6-96E44762E46E%7D Courts may look to a number of things as evidence of good faith in discovery to counter an opposing party’s claim for sanctions. One court in Alabama recently pointed to a party’s use of an e-mail archiving system and of document review technology as measures sufficient to defeat a claim of spoliation. In Danny Lynn Electrical Plumbing, LLC v. Veolia Es Solid Waste Southeast, Inc., No. 2:09cv192-MHT (WO), 2012 U.S. Dist. LEXIS 62510 (M.D. Ala. May 4, 2012), the plaintiff filed a motion seeking sancti... Chris Marzetti, Esq. {199FF953-F12F-4166-A0A6-96E44762E46E} Thu, 10 May 2012 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BDBFA16EA-62B9-4BD3-92CB-9923213125A1%7D "Compulsive Hoarding is a mental disorder marked by an obsessive need to acquire and keep things, even if the items are worthless, hazardous, or unsanitary. More than 3 million people are compulsive hoarders." Does this definition from AE's series "Hoarders" describe your employees? Does your company hoard all of the data it creates, thinking that it's the safest means of preparing for potential litigation and protecting itself against sanctions for spoliating evidence? In fact, keeping everything ... Amy Lynn Maxwell {DBFA16EA-62B9-4BD3-92CB-9923213125A1} Wed, 21 Dec 2011 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BA45C51F5-94EE-4BC0-82AE-9A39210D3D22%7D With immediacy more powerful than a celebrity tweet, lessons in compliance arrive from reality television. Viewers watching “Kell on Earth” saw the fastest hiring and firing captured in 20 minutes of film. Virginia Henschel {A45C51F5-94EE-4BC0-82AE-9A39210D3D22} Mon, 5 Apr 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BC83DD76C-EA72-4346-B776-9C74DC003B9A%7D Last week, John Markoff created much excitement within certain legal circles when he claimed advances in e-discovery software signaled the death knell for "expensive" lawyers in his article "Armies of Expensive Lawyers, Replaced by Cheaper Software." Markoff's article may have brought the topic of legal transformation to the masses but it unfortunately misses the mark on several points. Applied Discovery {C83DD76C-EA72-4346-B776-9C74DC003B9A} Thu, 10 Mar 2011 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BB14D60F7-F99A-482D-825A-9CF5CF6320B5%7D The 2010 Law Technology News Legal Technology Vendor Satisfaction Survey examines firms’ usage of and satisfaction with technology across 25 different product categories. The survey was conducted between January 29, 2010 and April 9, 2010 by means of a confidential, web-based questionnaire. A survey invitation was sent to professionals in law firms who have input into the technology purchasing process. A link to the online survey was also available online through the LTN website. A total of 610 respon... Rob Robinson {B14D60F7-F99A-482D-825A-9CF5CF6320B5} Tue, 29 Jun 2010 07:00:00 GMT News - CompanyNews - IndustryServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B16A9C2A8-E90C-4307-A084-9D4860D4E39E%7D If you have ever wanted to learn how to destroy electronic evidence, look no further than the wiretap evidence from recent insider trading trials—some of the biggest cases of their kind in decades. For example, former SAC Capital hedge fund manager Donald Longueuil offered a step-by-step guide to mangling incriminating USB drives by pulling them apart with pliers and scattering the pieces around town. Stock trader Garrett Bauer debated whether washing or burning money might be more effective in removing ... Jon Resnick, Esq. {16A9C2A8-E90C-4307-A084-9D4860D4E39E} Thu, 25 Aug 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BC48B36B3-285D-48D6-9311-9DB5D683F390%7D In general, the litigation hold notice that your organization's counsel sends to custodians explaining their obligations to preserve documents and data is protected by the attorney-client privilege. Courts also agree that if there is evidence of potential spoliation in a matter, it may defeat any claim of privilege over the notice. However, even in situations where spoliation is not at issue, you might have reason to be concerned: a recent federal court decision called into question the boundaries of wha... Jon Resnick, Esq. {C48B36B3-285D-48D6-9311-9DB5D683F390} Thu, 10 Nov 2011 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B1CB050F5-42BB-429F-BB1B-A1A43858FF95%7D Last week, Gibson Dunn released its 2011 Mid-Year E-Discovery Update, which reviewed federal court decisions involving e-discovery from January 1 to June 15, 2011. During this period, the firm identified 187 e-discovery cases, which represents an 82% increase from the 103 decisions issued in the first half of 2010. In addition to the rapidly escalating number of e-discovery case filings, the report highlights a number of other developments, including: Bill Mariano, Esq. {1CB050F5-42BB-429F-BB1B-A1A43858FF95} Thu, 28 Jul 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B91240876-386E-42D8-A6E2-A1E3B9DD62A2%7D In baseball, it’s three strikes and you’re out. While it’s certainly far from settled that traditional, manual review is out, two judges have recently made the call in favor computer-assisted review. Now we are just waiting on the third. Last week, not only did a state court judge in Virginia’s 20th Judicial Circuit Court for Loudoun County approve the use of computer-assisted review, but another much-anticipated opinion also favored the methodology, as U.S. District Judge Andrew Carter approved Magis... Jon Resnick, Esq. {91240876-386E-42D8-A6E2-A1E3B9DD62A2} Thu, 3 May 2012 07:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B3683ED66-22BC-4934-9081-A37BD358C672%7D Earlier this year, we shared how excited we were that Applied Discovery became the first e-discovery provider to support the ACC Value Challenge through our commitment to the sixteen-point ACC Covenant with Counsel. We were also proud to join the ACC Alliance as its exclusive e-discovery partner and offer ACC members special benefits, including the complimentary use of Applied Discovery Leverage™ Review Analytics. As we've told you throughout the year, we've carried through on our commitment to value,... Jennifer Coyne, Esq. {3683ED66-22BC-4934-9081-A37BD358C672} Thu, 20 Oct 2011 07:00:00 GMT ACCEvents http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0B57B327-246F-4D01-8378-A4BD789CA567%7D Last week, the Department of Justice, along with sixteen state attorneys general, filed an antitrust class action against Apple and three other e-book publishers that refused to settle charges they engaged in price-fixing. The crux of the case is that the publishers are “conspiring to end e-book retailers’ freedom to compete on price, take control of pricing from e-book retailers and substantially increase the prices that consumers pay for e-books.” If the allegations turn out to be true, they spin a com... Jon Resnick, Esq. {0B57B327-246F-4D01-8378-A4BD789CA567} Thu, 19 Apr 2012 07:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B134E2204-98C8-401F-B496-A6EAA015AA7C%7D Metadata, or data about data, is electronic data that tells us how, when, and by whom ESI was collected, created, accessed, modified, and formatted. The type of metadata stored in a document depends on its type. For example, e-mails include metadata fields such as to, from, subject, and date, as well as less obvious fields that allow tracking of e-mails according to conversation threads. Document metadata consists of standard fields such as author, title, date created, and date modified; the applications... Jon Resnick, Esq. {134E2204-98C8-401F-B496-A6EAA015AA7C} Thu, 21 Jul 2011 07:00:00 GMT LawServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0DE8DF18-0574-4B90-BECB-A77F8AA8433E%7D Earlier this month, the Joint Electronic Technology Working Group (JETWG) released a protocol for e-discovery in criminal cases, which it negotiated over the last year and a half. Included within the working group are representatives of the Department of Justice, Administrative Office of U.S. Courts' Office of Defender Services, federal defender organizations, and private attorneys, among others. The Recommendations articulate the goals of ensuring efficient, cost-effective post-indictment e-discovery... Amy Lynn Maxwell {0DE8DF18-0574-4B90-BECB-A77F8AA8433E} Thu, 23 Feb 2012 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B9E54BAFF-9189-4691-BB7A-A8A5CA7A96F0%7D Malcolm Gladwell’s recent New Yorker article entitled “Pandora’s Briefcase” regarding wartime espionage got me thinking about some of our assumptions underlying the admissibility of electronically created and stored data. In “Operation Mincemeat” (authored by Ben Macintyre) the disinformation arrived handcuffed to a floating corpse, surely an unimpeachable source. What are the unimpeachable sources in electronic discovery – the backup tape, the ip address, the mirrored hard drive? Virginia P. Henschel {9E54BAFF-9189-4691-BB7A-A8A5CA7A96F0} Mon, 14 Jun 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BC6196716-04B0-4683-BF66-A9A851C403C5%7D As a young boy, I collected football cards. I spent time creating an inventory, placing like-teams in plastic sandwich bags, trading duplicates or valuable cards for more valuable cards with my friends. These cards had a certain value to me at the time, particularly as they represented a portion of my allowance. They also represented a current value of entertainment and a hobby. As I got older, these cards stayed in their shoebox and, as my thoughts turned to other things, I forgot about them. Eventually... Applied Discovery {C6196716-04B0-4683-BF66-A9A851C403C5} Thu, 15 Sep 2011 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BDE3ED7EB-5496-4FFD-AC9A-A9BD22A7D817%7D For the last twelve years, Applied Discovery has developed and refined repeatable, systematic workflows that ensure defensibility. At the inception of an e-discovery project, we check all client data into our secure, card-key-access-only data vault. We bar code and scan every piece of media, collecting specific information about the data, and we enter this information into a hard copy chain of custody log and a companion electronic log in our project management software. Amy Lynn Maxwell {DE3ED7EB-5496-4FFD-AC9A-A9BD22A7D817} Wed, 3 Aug 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B8CC1D5A9-76BB-4E9F-9BD9-AD1458FF71A2%7D Here’s a philosophical ponderance for you: what, beyond mere data, is relevant to e-discovery? Each week, I write about data-related issues such as social media, data profiles, or the value of data from an organization or personal level. While there are many sources available to read about the e-discovery focused topics, my approach is to expand the thinking around what can be – both conceptually and concretely – relevant to e-discovery…which means that e-discovery is not just email, forensics, back-... Applied Discovery {8CC1D5A9-76BB-4E9F-9BD9-AD1458FF71A2} Thu, 11 Aug 2011 07:00:00 GMT Social Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B849614C4-9514-47D8-812D-AEDBD6A1D45F%7D If you're like me, you're one of the millions watching the current version of "the trial of the century"—the trial of Michael Jackson's physician, Conrad Murray for involuntary manslaughter after allegedly giving the King of Pop a legal dose of painkillers, that is. While you may think you've read it all already, I invite you to think again: in addition to the blow-by-blow emotional Twitter commentary of Latoya, the celebrity-suppressions of Superior Court Judge Michael Pastor, and the publicly relea... Applied Discovery {849614C4-9514-47D8-812D-AEDBD6A1D45F} Thu, 29 Sep 2011 07:00:00 GMT LawNews - IndustrySocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B31C41A8D-B4D5-49C5-B526-AF4E44F16F85%7D In the expansive, 139-page opinion Rimkus Consulting Group, Inc. v. Cammarata , 2010 U.S. Dist. LEXIS 14573 (S.D. Tex. Feb. 19, 2010), Judge Rosenthal clarifies the precedent for spoliation sanctions outside of the Southern District of New York. Judge Rosenthal graciously extols Judge Scheindlin’s “great service” in her seminal Pension Committee and Zubulake decisions for the “careful analysis of spoliation and sanctions issues in electronic discovery.” However, in Rimkus he distinguishes the precedents... Virginia Henschel {31C41A8D-B4D5-49C5-B526-AF4E44F16F85} Mon, 29 Mar 2010 07:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B508D625B-B7B6-42A9-ABB8-B0A4A0AE9ECE%7D Like Judge Andrew Peck of the Southern District of New York, as a young associate, I spent hours upon hours wading through box after box of paper documents—and I had the paper cuts to prove it. My colleagues and I sifted through enough reams of paper to equal a small forest, filtering out nonresponsive documents and flagging important ("hot"), privileged, and confidential documents. In his recent article "Search, Forward: Time for Computer-Assisted Coding," Judge Peck ponders the merits of manual revi... Jon Resnick, Esq. {508D625B-B7B6-42A9-ABB8-B0A4A0AE9ECE} Thu, 6 Oct 2011 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B4D02EACB-96A6-49F5-B6CE-B0FEBC94A5F5%7D For those of you who are still trying to keep your data planted firmly on the ground, time is running out. With three new recent ethics opinions joining the consensus that cloud computing is not only permissible but also ethical, it's becoming increasingly apparent that the trend of lawyers storing information in the cloud is here to stay. In October 2011, the Ethics Committee of the North Carolina State Bar published a new version of its proposed cloud computing ethics opinion, Subscribing to Softwar... Keith E. Moore {4D02EACB-96A6-49F5-B6CE-B0FEBC94A5F5} Thu, 15 Dec 2011 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BA1D2C9DD-92B7-41A3-AB11-B1C8F3284DF8%7D E-discovery is everywhere. Just ask the Commissioner of the NFL. NFL rules prohibit payouts for specific performances, such as interceptions and causing fumbles. In early 2010, allegations surfaced that players for the New Orleans Saints had offered a bounty for defensive plays made to injure Minnesota quarterback Brett Favre and Arizona quarterback Kurt Warner in their playoff games. The NFL began investigating and interviewed several Saints players, who denied that any bounty program existed. The co... Jon Resnick, Esq. {A1D2C9DD-92B7-41A3-AB11-B1C8F3284DF8} Thu, 15 Mar 2012 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BA6662FD1-8700-4AF8-AEE6-B273B1F8C3F7%7D Last week, the U.S. District Court for the Eastern District of Texas unveiled a new model order for use in patent cases involving e-discovery as part of revisions to its local rules. Like its predecessor, the Federal Circuit's "Model Order Regarding E-Discovery in Patent Cases," it aims to streamline the production of electronically stored information (ESI) in litigation. However, the district court redlined several of the order's key provisions, increasing the court's power to manage the scope of the e-... Amy Lynn Maxwell {A6662FD1-8700-4AF8-AEE6-B273B1F8C3F7} Thu, 15 Mar 2012 07:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0CB07EA8-2D6C-4A77-B3F6-B430EA489628%7D While I’m trying to erase the salacious pictures of Canadian justice A. Lori Douglas posted online from my mind, Joshua Kubicki’s words of e-discovery wisdom at the Proportionality panel at last week’s ACEDS annual conference are echoing in my head: “Be careful what you ask for.” While he was referring to proportionality in e-discovery, I’m thinking about that phrase in the context of the developing law on privacy in Canada. In this context, it would seem to be that if you don’t want your private infor... Jon Resnick, Esq. {0CB07EA8-2D6C-4A77-B3F6-B430EA489628} Thu, 31 Mar 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BDB42E75C-F6E2-41EA-8FD5-B48AF16E9768%7D When I was a freshman in high school I loved anything Canadian. When asked, "What do you think of when you think of Canada?" my answer was simple: Bob and Doug McKenzie, Second City TV, and John Candy, my all-time favorite Canadian. I can still picture my friends and I sitting on the couch laughing to the point of tears watching and doing impressions of Bob and Doug McKenzie's 'Welcome to the Great White North' skits on SCTV. The terms "Eh" and "Hoser" became part of our vernacular and we loved it. Later... Jon Resnick {DB42E75C-F6E2-41EA-8FD5-B48AF16E9768} Fri, 10 Sep 2010 07:00:00 GMT News - CompanyEventsLawServicesAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BF02B2A98-93DB-421D-B329-B659F268EA3C%7D Last week, we discussed cases where courts found that parties were entitled to recover their e-discovery costs under the Federal Rules of Evidence. This week, we'll review some of the limitations that exist upon a party's ability to recover. When third-party vendor costs resemble the work that an associate or paralegal would typically perform, such as collecting, retrieving, and reviewing documents, then courts have refused to tax third-party vendor costs. And where costs of scanning documents into a... Jennifer Coyne, Esq. {F02B2A98-93DB-421D-B329-B659F268EA3C} Thu, 8 Dec 2011 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B939E4342-0765-4176-9332-B926E775D739%7D In the last year, we have been very busy as a result of our exclusive relationship with the Association of Corporate Counsel (ACC), the world's largest organization devoted to serving the professional and business interests of in-house lawyers. Applied Discovery is proud that the ACC has recognized us as the sole e-discovery provider in its nine-member ACC Alliance, a set of preferred partnerships that offer high-quality products and services designed for corporate counsel. Earlier this year, we were ... Jennifer Coyne, Esq. {939E4342-0765-4176-9332-B926E775D739} Thu, 1 Sep 2011 07:00:00 GMT ACC http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6365165A-8256-4FF0-AA16-B960D5DDE807%7D Since many companies are storing their data in the cloud already, why shouldn't they conduct e-discovery there too? Chances are, your company is already using the cloud for e-mail, document management, or a host of other web-based applications. Whenever your company stores information on a third-party network outside the confines of your in-house computers, and you access that information through the Internet, you are using the cloud. In short, cloud computing is location-independent computing and storag... Jon Resnick, Esq. {6365165A-8256-4FF0-AA16-B960D5DDE807} Thu, 1 Sep 2011 07:00:00 GMT News - IndustryServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B4A55A8A1-B0A3-4C2D-9F44-BA20D8E7796C%7D Many in-house counsel and the law firms they engage to represent their companies continue to self-collect electronic data, even though they recognize the legal issues and risks of self-collection. These risks are wide-ranging. For example, using your IT staff, who may lack experience in electronic data recovery for litigation, may not capture the full universe of data. In addition, IT personnel may not realize the importance of using a consistent, repeated process for each custodian, so they may n... Applied Discovery {4A55A8A1-B0A3-4C2D-9F44-BA20D8E7796C} Thu, 2 Jun 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BA5DFD19E-B7DB-46A6-A110-BADE79763676%7D Integration of Advanced Analytics and Neural Networking Allows for Truncation of Unstructured Data into 140-Character Reviewable Documents to Accelerate First Pass Review Cycles Rob Robinson {A5DFD19E-B7DB-46A6-A110-BADE79763676} Thu, 1 Apr 2010 07:00:00 GMT News - CompanyNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BE08F04E7-820E-4561-A716-BC81BC867EA5%7D Where state law has not fully developed with respect to e-discovery issues, litigants and courts are increasingly looking to the federal courts for guidance—at least in the New York Appellate Division, First Department. In the last few months, the court has twice adopted the reasoning of U.S. District Judge Shira Scheindlin of the Southern District of New York in Zubulake v. UBS Warburg LLC. Legal Hold Notices In January, the court adopted the Zubulake standards for preservation and spoliation in... Ignatius A. Grande {E08F04E7-820E-4561-A716-BC81BC867EA5} Thu, 29 Mar 2012 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B797853F0-9941-46CC-99D1-BCDFAFD6A56F%7D How would you respond if your employee insulted one of your clients? Your response might depend on a number of factors, including whether your employee badmouthed the client to his face, in front of other clients, or in private. Now, let’s assume the employee’s insult was out of the client’s earshot. Instead, it took place in front of a much broader audience: the employee published a negative comment about your client on Twitter. Multiple users retweet your employee’s message, broadcasting the ins... Applied Discovery {797853F0-9941-46CC-99D1-BCDFAFD6A56F} Thu, 31 Mar 2011 07:00:00 GMT News - CompanyNews - IndustryEventsSocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0E57E6D9-B79D-478F-8BF7-BE0092AA5D4B%7D An editorial recently published in the New York Times entitled "The Cloud Darkens"” proclaimed that "the Internet is getting scary." In light of the recent high-profile online security breaches, including those at Epsilon, Sony, Citibank, ADP, the International Monetary Fund, and Congress, we've discovered that no one is immune and that all of our data is potentially vulnerable. Highlighting these risks was a June Ponemon Institute survey showing that nine of ten companies have been the vi... Ignatius A. Grande {0E57E6D9-B79D-478F-8BF7-BE0092AA5D4B} Thu, 25 Aug 2011 07:00:00 GMT News - IndustrySocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BD849F352-A603-40DD-964A-BE0AEC939A99%7D I participated in a panel on MA issues at the Argyle Executive CLO Forum in Chicago last week, where I thought it important the attendees involved in MA transactions and regulatory compliance in the EU be aware of a recent ECJ decision that validated the government's seizure of emails communications from in-house counsel to "clients" within the organization. Akzo Nobel Chemicals Ltd and Akros Chemicals Ltd v Commission. Virginia P. Henschel {D849F352-A603-40DD-964A-BE0AEC939A99} Tue, 5 Oct 2010 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B478CBC1D-4104-4970-94BA-BEF3864CEDDE%7D Last week, some colleagues and I attended the ACC Annual Meeting in Denver, Colorado. For us at Applied Discovery, it was a fantastic opportunity to speak with many engaging conference attendees—and to continue fortifying our commitment to the ACC Value Challenge and its Covenant with Counsel by meeting, talking, and acting. Whether you attended the many popular sessions on adding value, including how to use value-based fee structures for litigation and transactional work or how to define the legal de... Jennifer Coyne, Esq. {478CBC1D-4104-4970-94BA-BEF3864CEDDE} Thu, 3 Nov 2011 07:00:00 GMT ACCEvents http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0AC7E8C8-F3FE-4509-B22A-C12997F77D2F%7D Here we are in 2011, and I’m sorry to say that technology and lawyers still do not mix well. The evidence? Lawyers still are referring to “documents” rather than “data” when discussing matters of e-discovery. When the term “data” is employed, it is referenced within the discussion of how to turn “data” into a “document”, e.g., something that resembles an 8.5x11 piece of paper. The reality is that, while much of our data still fits this form, and most data no longer does, with examples like Evernote, QR c... Applied Discovery {0AC7E8C8-F3FE-4509-B22A-C12997F77D2F} Thu, 12 May 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B7CFDD33F-FEA8-4C13-930B-C1973E0C8B1A%7D Is big data the enemy? Your answer to this question might determine the information governance stance you take. If your organization views data as an asset, you might already be making the sound IT investments required to make your data more useful. But if your company focuses on data as a liability, you might narrow your focus to records retention policies and restrict employees' access to data as well as their ability to create it. To truly govern big data instead of merely managing it, you have to... Applied Discovery {7CFDD33F-FEA8-4C13-930B-C1973E0C8B1A} Thu, 8 Mar 2012 08:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B37FD6B53-F47A-4589-B667-C19F49962566%7D If you’re a runner, cyclist, or hiker, maybe you’ve already downloaded Google’s My Tracks app to your smartphone. Not only does the app track the distance you cover, but it also calculates all sorts of nifty stats for you during your outdoor activity, including your speed and elevation. You can also map your route so you can share it with someone else. That’s pretty cool, right? Jon Resnick {37FD6B53-F47A-4589-B667-C19F49962566} Thu, 3 Mar 2011 08:00:00 GMT News - IndustryLawAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B897AB152-91AC-4111-B9FB-C358CFF3CC42%7D Last week, BNA’s Digital Discovery & E-Evidence released an article I co-wrote with Bill Robertson entitled “Best Practices in Integrated Document Review.” If your organization employs, or is considering employing, multiple service providers or law firms to handle discrete areas of your discovery process, this article is for you. Before hiring piecemeal providers for each discrete step of the e-discovery workflow, consider the old adage about too many cooks spoiling the broth. With competing firms and pr... Jon Resnick, Esq. {897AB152-91AC-4111-B9FB-C358CFF3CC42} Wed, 13 Jul 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BD46DC8C1-1543-4C87-9EDC-C4C28454C6AA%7D Over the next few weeks, in this special blog series about the specifics of e-discovery, I’ll be previewing some content from chapters in our new Applied Discovery Black Letter Book, the fourth edition of the go-to e-discovery manual for attorneys (which, by the way, is available in e-reader format for the first time). Each week, I’ll highlight some of the pressing e-discovery topics the Black Letter Book covers, and I’ll describe the best practices you’ll find within this valuable resource’... Jon Resnick {D46DC8C1-1543-4C87-9EDC-C4C28454C6AA} Wed, 16 Mar 2011 07:00:00 GMT News - CompanyNews - IndustryLawDiscovery BookAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B06215C99-DE9A-4EB4-816F-C50728889ECF%7D "Counsel no longer have to worry about being the 'first' or 'guinea pig' for judicial acceptance of computer-assisted review." When penning "Search, Forward" (note: free registration may be required to access this article), U.S. Magistrate Judge Andrew J. Peck suggested it would be a "long wait" before a judicial opinion approved predictive coding. The "long wait" turned out to be just four months. Last week, Judge Peck issued the landmark opinion, ruling that "computer-assisted review is an acceptable w... Jon Resnick, Esq. {06215C99-DE9A-4EB4-816F-C50728889ECF} Thu, 1 Mar 2012 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B74BD152E-72C3-4F6B-897A-C71DE9AB9474%7D For the second time in two weeks, a Senate subcommittee has summoned Apple and Google for a hearing to discuss “consumer privacy and protection in the mobile marketplace.” This week’s hearing will likely continue to focus on what these companies do with the location information they collect and who has access to it. In last week’s hearing, Apple and Google claimed that they do not track individuals’ exact location and either allow users to opt out of providing a location or require users’ consent b... Jon Resnick, Esq. {74BD152E-72C3-4F6B-897A-C71DE9AB9474} Thu, 19 May 2011 07:00:00 GMT Author - Jon ResnickNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B9FD5D33E-16C7-4134-A924-C98F75C8EB3A%7D The Engineering News-Record recently reported on using contract clauses to stem the tide of electronically stored information in litigation. The article explains that lawyers for some construction companies are drafting contractual language specifically excluding e-mail from discoverable evidence; others are skeptical that these provisions would hold up in court. From my perspective, a blanket contractual exclusion of e-mail seems shortsighted. Not only is most data recorded in electronic form, but el... Jon Resnick, Esq. {9FD5D33E-16C7-4134-A924-C98F75C8EB3A} Thu, 23 Feb 2012 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B55EA2D41-0EC9-409B-AA80-CA3A9CD8F872%7D This summer, I, along with the rest of the E-Discovery Committee of the Commercial and Federal Litigation Section of the New York State Bar Association (NYSBA), published a report entitled "Best Practices in E-Discovery in New York State and Federal Courts." The Executive Committee of the NYSBA recently approved this report, which offers practitioners 14 e-discovery guidelines and best practices, along with practical advice for parties appearing in New York courts. You can download the report at no cost ... Ignatius A. Grande {55EA2D41-0EC9-409B-AA80-CA3A9CD8F872} Thu, 10 Nov 2011 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BD740EB3D-0939-49AC-A4EF-CAAE5E0479A4%7D $308 billion versus $192 million: those are the figures on my mind this week as I struggle to put the events that continue to unfold in Japan into perspective. $308 billion is the current upper end of the Japanese government’s estimated range of costs to rebuild its infrastructure, factories, and homes. When compared to other recent tragedies, the Japanese earthquake and tsunami far outdistances the competition: as benchmarks, the damage from Hurricane Katrina cost $81.2 billion, and last year’s ea... Jon Resnick {D740EB3D-0939-49AC-A4EF-CAAE5E0479A4} Thu, 24 Mar 2011 07:00:00 GMT News - IndustryAuthor - Jon ResnickSocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B8F638EC3-C186-4C20-8064-CB401F4D1536%7D On Tuesday of this week, I spent the day in San Francisco discussing the rise of social media and its legal ramifications at the ALM Social Media: Risks and Rewards conference. The conference was ripe with insight, knowledge sharing, case law updates and countless humorous-if-not-frightening examples of extraordinarily poor judgment on the part of both companies and their employees. While it is easy to laugh at, say, an individual who robs a bank and then brags about it on MySpace , far more sobering is... Applied Discovery {8F638EC3-C186-4C20-8064-CB401F4D1536} Thu, 14 Apr 2011 07:00:00 GMT News - IndustrySocial MediaEvents http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BD20B01C4-03CF-4525-8FFB-CCA0DEBB49BA%7D Though the idea of appointing a special master in litigation involving e-discovery has recently received a lot of attention, it is not a new concept. In 2009, Judge Shira A. Scheindlin of the United States District Court for the Southern District of New York and lawyer Jonathan M. Redgrave reviewed the use of special masters in e-discovery under revised Rule 53 of the Federal Rules of Civil Procedure, which permits the use of special masters on an as-needed basis with the parties' consent or by court ord... Ignatius A. Grande {D20B01C4-03CF-4525-8FFB-CCA0DEBB49BA} Thu, 5 Jan 2012 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B658D7A7B-C340-4109-9B65-CEBE9651CDDB%7D As a I was trolling the newswires, seeking breaking legal cases from Canada for this blog post, I was astonished to find countless examples of just how cordial, fair and down-right civilized our neighbors to the north can be. From the government issuing an apology to various ethnic communities for mistreatment in the hands of previous governments to courts ruling in favor of citizens' right to privacy, Canada seems like a pretty great place to live. So great, in fact, that we're moving in. That's right, ... Jon Resnick, Esq. {658D7A7B-C340-4109-9B65-CEBE9651CDDB} Thu, 8 Sep 2011 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B9EAC3594-10C9-4E2C-BC5C-CF581FB6C2A2%7D The investigation of an alleged New Hampshire based Ponzi scheme has turned into political fodder in the Senate campaign of former NH Attorney General Kelly Ayotte. Opponents are casting doubt on the motivations behind the deletion of Ayotte's calendar and emails allegedly two days prior to her departure from the AG's office to run for the Senate. Virginia Henschel {9EAC3594-10C9-4E2C-BC5C-CF581FB6C2A2} Mon, 12 Jul 2010 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B4B33C22F-05EA-4723-87B2-D071AC8BA7EC%7D This week, we’ll continue to delve into the content of the recently released fourth edition of the Applied Discovery Black Letter Book. Today, we review content from chapter 3 of this critical e-discovery resource for attorneys (which, by the way, is available in e-reader format for the first time). We’ve also posted an excerpt from chapter 3 as a bonus. Jon Resnick {4B33C22F-05EA-4723-87B2-D071AC8BA7EC} Wed, 6 Apr 2011 07:00:00 GMT News - CompanyLawDiscovery BookAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BAE5B3F91-99D8-47D7-9DDC-D27F3329DC1C%7D Document review is by far the most expensive and riskiest of the e-­ discovery stages. Collection sets are larger than ever and deadlines are shrinking in the face of increased e-­discovery regulations. Large review teams with many junior reviewers (and their many subjective opinions) are the norm. In the face of these challenges, review team and e-­discovery managers struggle to monitor the status of large and complex review projects. They want to monitor progress for deadlines, ensure acc... Christine Taylor / Taneja Group {AE5B3F91-99D8-47D7-9DDC-D27F3329DC1C} Thu, 6 May 2010 07:00:00 GMT News - CompanyServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B17A05E60-3BC5-4102-BC73-D541EA2CA759%7D It’s no Muppet Show: Goldman Sachs claims it is investigating the allegation that employees used derogatory terms to describe clients. Greg Smith, former Goldman Sachs executive director and head of the firm’s U.S. equity derivatives business in Europe, the Middle East, and Africa, leveled the accusation in last week’s op-ed in the New York Times. In his public resignation letter, he cited the “toxic and destructive environment” in which “five different managing directors refer to their own clients as ‘m... Jon Resnick, Esq. {17A05E60-3BC5-4102-BC73-D541EA2CA759} Thu, 29 Mar 2012 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B7F30D183-3BC2-4A76-B7FC-D662AF83889D%7D In litigation, U.S. companies with multinational operations often must straddle the discovery rules that apply in American courts and the data protection laws of other nations. Complying with these conflicting requirements can be challenging, particularly where American courts require a party to preserve or collect information in a jurisdiction where data protection laws limit the party's ability to do so. This is especially difficult in Europe, where members of the European Union are subject to the 1995... Michael R. Pontrelli, Esq. {7F30D183-3BC2-4A76-B7FC-D662AF83889D} Thu, 26 Jan 2012 08:00:00 GMT News - IndustryLaw http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0D22ECA5-E6FF-439C-B776-D76A2C77A09D%7D By now, you’re probably familiar with U.S. Magistrate Judge Andrew Peck’s February 8, 2012 decision in Da Silva Moore v. Publicis Groupe, in which he famously approved the use of predictive tagging technology. Many heralded him as the first to sanction the use of this technology in a legal opinion. However, he may not have been the first to approve predictive tagging on the record. On January 13, 2012, the Federal Trade Commission (FTC) proposed revisions to two parts of its procedural rules. Accordin... Bill Mariano, Esq. {0D22ECA5-E6FF-439C-B776-D76A2C77A09D} Thu, 5 Apr 2012 07:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B8C7C5EC5-6932-4553-987E-D8552493D342%7D Do you feel a migraine coming on at the mere mention of the words "electronic discovery"? Do the words "predictive tagging" and "privilege log" send you into a panic? Do you shudder at the thought of spending countless hours in front of a computer analyzing keywords and endless amounts of data? Believe it or not, those of us at Applied Discovery live for these tasks. That's why we created our latest offering, Managed Review Services, designed to take the pain out of e-discovery for our clients. Our ... Bill Mariano, Esq. {8C7C5EC5-6932-4553-987E-D8552493D342} Thu, 6 Oct 2011 07:00:00 GMT News - CompanyServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B86DA27BE-69E4-4683-A9AD-D960DB0BDE6D%7D How can proactivity pay off in e-discovery? A recent decision from U.S. Magistrate Judge James L. Cott of the Southern District of New York, Pippins v. KPMG, shows the value of developing early visibility into your data. In Pippins, former KPMG associates who worked in the company's audit practice group filed a class action based on the theory that KPMG misclassified them as exempt employees, depriving them of overtime wages under the Fair Labor Standards Act. Though the court stayed discovery pending... Jon Resnick, Esq. {86DA27BE-69E4-4683-A9AD-D960DB0BDE6D} Thu, 17 Nov 2011 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BBECA1ECF-07F4-4673-B6F4-DA1CAF225005%7D Remember the exercise we did last week to determine who knows you best? (Google, of course, was the answer). Well, what if we asked the same questions of your company: if you were to compile all of the Google searches, sites visited, emails exchanged, Tweets / DM's / text messages sent, documents written, and phone messages left in a given day, week, month or year at your company, what terms would rank highest? What themes would emerge about the nature and character of your company? You'd see organizatio... Applied Discovery {BECA1ECF-07F4-4673-B6F4-DA1CAF225005} Thu, 21 Jul 2011 07:00:00 GMT Social Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B382D32AC-31A7-4E33-9E84-DA63055E19B7%7D On Tuesday, the new Senate Judiciary Subcommittee on Privacy, Technology, and the Law grilled Apple and Google executives on how and why their smartphones track users’ location data. The companies defended their use of location, explaining that the information tracked is not the user’s exact location but the more “anonymous” location of the Wi-Fi routers and cell towers the device is using to create its connection to the network. Of course, one expert testified that this location is accurate to within 10... Jon Resnick {382D32AC-31A7-4E33-9E84-DA63055E19B7} Thu, 12 May 2011 07:00:00 GMT Author - Jon ResnickNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BD4F7415B-BE2C-43B7-841B-DBBA2BED498A%7D "Wrong," Anil Kumar's impetuous answer to several questions during his cross-examination in the Raj Rajaratnam trial this week, sums up the events of the last week. Rajaratnam, the founder of the Galleon Group hedge fund, faces 14 counts of securities fraud and conspiracy and a potential 20-year jail sentence in one of the biggest insider trading trials in history. Rajaratnam allegedly plotted by telephone to fabricate an e-mail trail showing he had a legitimate interest in a stock—and that his interest ... Jon Resnick {D4F7415B-BE2C-43B7-841B-DBBA2BED498A} Thu, 17 Mar 2011 07:00:00 GMT News - IndustryAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B599EA888-C8D0-44B1-8F1D-DBD5CD7225CB%7D Today we wrap up our discussion of the recently released fourth edition of the Applied Discovery Black Letter Book. Our final chapter, chapter 8, covers state trial court rules and decisions affecting the realm of e-discovery. Jon Resnick {599EA888-C8D0-44B1-8F1D-DBD5CD7225CB} Thu, 12 May 2011 07:00:00 GMT Author - Jon ResnickDiscovery Book http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0EAD9C0A-872E-43FD-ACD2-DC538F73F96E%7D To succeed in e-discovery, it is not enough just to produce the right documents and data: you have to be able to articulate your company's preservation policies and collection procedures relating to your electronically stored information (ESI). Under Federal Rule of Civil Procedure 30(b)(6), an opponent may request that you provide the person most knowledgeable who can testify about these matters on your company's behalf. Is that person someone in your company? Perhaps you have a skilled legal exper... Jon Resnick, Esq. {0EAD9C0A-872E-43FD-ACD2-DC538F73F96E} Thu, 3 Nov 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B66361C6F-2219-4D42-9D33-DD374BA25BD0%7D George Orwell's vision of Big Brother in 1984 was an intrusive state imposed upon society; he did not envision that fear would drive many to embrace technology that intrudes upon individuals in myriad ways never envisioned in 1949 when Orwell published his novel. Virginia P. Henschel {66361C6F-2219-4D42-9D33-DD374BA25BD0} Thu, 9 Dec 2010 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0E175720-41F6-4A03-A880-DD780A6446A7%7D On June 17, the Antitrust Division of the Department of Justice released an updated thirty-five page guide to merger remedies that "reflects changes in the merger landscape" in the seven years since it released its last guide in 2004. The press release announcing the new guide cited the increase in "transnational mergers and complex vertical transactions" as an impetus for the changes. The guide, which DOJ Antitrust Division staff members use to analyze proposed remedies in mergers, seeks to provide tran... Rob Hellewell, Esq. {0E175720-41F6-4A03-A880-DD780A6446A7} Thu, 30 Jun 2011 07:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6028904D-4C42-4ADF-BEF3-DFDCFC744B58%7D Last week, I highlighted some recent changes in state court rules that affect e-discovery. This week, I turn to developments in several federal courts that may signal things to come as revisions to the Federal Rules of Civil Procedure remain hotly contested. Southern District of New York On November 1, 2011, the Southern District of New York implemented a new Pilot Program for Complex Cases in "response to the federal bar's concerns about the high costs of litigating complex civil cases." The program... Jon Resnick, Esq. {6028904D-4C42-4ADF-BEF3-DFDCFC744B58} Thu, 19 Jan 2012 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BC0835211-7626-4D8F-8366-E1442D852FD9%7D Last week, U.S. Magistrate Judge Andrew Peck of the Southern District of New York held a hearing on several discovery disputes in Da Silva Moore v. Publicis Groupe, a discrimination case filed against an advertising conglomerate. The hearing touched on a number of timely issues, including sanctions, cooperation, proportionality, and, most significantly, how the parties will employ technology-assisted review. The parties' counsel, along with their e-discovery consultants, engaged in a detailed discussi... Ignatius A. Grande {C0835211-7626-4D8F-8366-E1442D852FD9} Thu, 16 Feb 2012 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BF19948FC-F416-4EE1-8F92-E1E8DFF04C93%7D You know what? I like CIOs. I spent a lot of time hanging out with CIOs earlier this week at the CIO Leadership Conference (by CIO.com), listening to their current list of goals and pains. And I discovered that I can relate to all of them…even those that don’t relate directly to the field of e-discovery. The CIO Leadership conference gave me a certain view from 30,000 feet, enabling me to see the broader scope of information and technology challenges any given organization faces today. E-Discovery,... Applied Discovery {F19948FC-F416-4EE1-8F92-E1E8DFF04C93} Thu, 5 May 2011 07:00:00 GMT News - CompanyNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B3A2A0C87-0DC6-4408-BCA1-E1FC80761EFF%7D So I have spent more time in the air this summer than on the ground and I guess in many ways that is a good thing because it means I'm busy. If only United Airlines would get with the program and install Wi-Fi on all of their aircrafts my life would be even better. Chicago O'Hare is a tough airport to have as your base in the summer. The weather can be stormy, the air traffic causes tons of delays, and quite frankly there are a lot of crabby people in the airport. I don't think that most travelers who ju... Jon Resnick {3A2A0C87-0DC6-4408-BCA1-E1FC80761EFF} Mon, 16 Aug 2010 07:00:00 GMT LawAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B39AACD67-7FDD-48FA-B1EF-E24F20E98F1E%7D Applied Discovery Introduces New E-Discovery Consulting Service to Help Corporations Assess, Mitigate, and Manage Social Media Risks Partnership with Digital Forensics Leader Sensei Enterprises Enables Delivery of E-Discovery’s First Complete Social Media Assessment, Risks, and Techniques (SM-ART) Service Applied Discovery {39AACD67-7FDD-48FA-B1EF-E24F20E98F1E} Thu, 3 Jun 2010 07:00:00 GMT News - CompanyNews - IndustryLawServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B78398B1D-EA6B-4FEC-89F9-E2C44B0E89C0%7D Perhaps the parties overlooked what later became a contentious issue: how to treat attachments to e-mail? A Special Master in New York found that no “ironclad standard” governs whether parties must produce non-privileged attachments along with their parent e-mail, but he outlines some general advice for handling attachments during e-discovery. In Abu Dhabi Commercial Bank v. Morgan Stanley Co., 2011 U.S. Dist. LEXIS 95912 (S.D.N.Y. Aug. 18, 2011), U.S. District Judge Shira Scheindlin referred the def... James Rhett Brigman, Esq. {78398B1D-EA6B-4FEC-89F9-E2C44B0E89C0} Thu, 3 May 2012 07:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B1B35154F-344D-4C95-B8D4-E34C0B376B52%7D Dissension has arisen in the Southern District of New York on whether the failure to properly preserve ESI will invoke the imposition of sanctions in the absence of a showing that relevant ESI was likely destroyed. In Orbit One Communications v. Numerex Corp., 2010 U.S. Dist. LEXIS 123633 (S.D.N.Y. Oct. 26, 2010), the defendant's motion for an adverse inference jury instruction due to plaintiff's spoliation of evidence was denied because defendant failed to show that relevant evidence was in fact dest... Virginia P. Henschel {1B35154F-344D-4C95-B8D4-E34C0B376B52} Wed, 12 Jan 2011 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6D33697E-7878-4B41-9705-E41F05941A1D%7D If you win a matter in federal court, you'll be entitled to certain costs associated with your case as the prevailing party in the lawsuit. Do those costs include your expenses associated with producing your information in electronic format? A recent trend suggests that e-discovery costs are recoverable—with some limitations. Courts in the Third Circuit have the most developed case law on the recovery of e-discovery costs. As an example, the Western District of Pennsylvania recently ruled that the def... Jennifer Coyne, Esq. {6D33697E-7878-4B41-9705-E41F05941A1D} Thu, 1 Dec 2011 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B0D9B0176-C146-488A-8A0E-E432A243773A%7D Last week, Maryland District Court Judge Marvin J. Garbis affirmed Magistrate Judge Paul Grimm’s landmark opinion in Victor Stanley v. Creative Pipe . In that opinion, Judge Grimm awarded the plaintiff more than $1 million in attorney’s fees and costs as a result of the defendant’s intentional spoliation of evidence. The award was based on the following acts of the defendant: Applied Discovery {0D9B0176-C146-488A-8A0E-E432A243773A} Thu, 23 Jun 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BFDC7642E-6301-4F3E-871F-E6B6F3A3A60A%7D Want to save money and be successful in e-discovery? The key is usually the process. Using the knowledge and experience of a project manager is one of the best ways to maximize the efficiency of the discovery process while minimizing its expense. In e-discovery, a project manager works closely with a client to develop a detailed plan and process outlining the major tasks, deliverables, and milestones that a successful project requires. Setting up a comprehensive plan with a project manager enables cli... Kelli Clark, Esq. {FDC7642E-6301-4F3E-871F-E6B6F3A3A60A} Thu, 26 Apr 2012 07:00:00 GMT Project Management http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BABF84973-EC1D-4DA8-BDAA-E6CB4D837F28%7D In 2006, the amendments to the Federal Rules of Civil Procedure mandating the disclosure and production of relevant electronically stored information (ESI) went into effect. Back then, many lawyers sprang into action, educating their clients in case they received a request for electronic data. However, since then, many of these clients have not continued to ensure they are adequately prepared to produce electronic evidence. Applied Discovery {ABF84973-EC1D-4DA8-BDAA-E6CB4D837F28} Thu, 9 Jun 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B650DB770-5518-4A6C-87B9-E77592BB92F9%7D This summer, for the first time in a decade, the LEDES (Legal Electronic Data Exchange Standard) Oversight Committee (LOC), a nonprofit organization responsible for creating and maintaining standardized formats for the electronic exchange of billing and other information, adopted a new set of legal billing codes. The new codes focus on e-discovery, and their purpose is to "simplify the billing process and help clients understand what they're buying." Designed as part of the Uniform Task Based Management ... Jenelle H. Evanoff {650DB770-5518-4A6C-87B9-E77592BB92F9} Thu, 22 Sep 2011 07:00:00 GMT News - CompanyNews - IndustryServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B3F7400FA-5EC7-4419-98A4-EADFB8539B34%7D And the survey SAYS! I can still hear the actor and game show host Richard Dawson say those words as if it were yesterday. You see, I occasionally stayed home from grade school faking a cold back in the late 1970's and early 1980's. Why did I occasionally fake a cold back then? Easy, I was either behind on a book report or other big assignment and looking for an extra day and/or I simply wanted to sit around and watch game shows on TV all day. I mean I was "sick", why not? I won't go into all of the tric... Jon Resnick {3F7400FA-5EC7-4419-98A4-EADFB8539B34} Wed, 20 Oct 2010 07:00:00 GMT LawAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BA0C63D35-7DE3-4614-BD8A-EDDA3DE9F55D%7D Now that the Pope has gotten into the social media mix by sending his first tweet this week, the timing couldn't be better to address the risks and rewards of social media, or what my colleague Joshua Kubicki calls the "Wild West" in a forthcoming piece in the Metropolitan Corporate Counsel. Joshua also spoke extensively on the subject at the annual meeting of the American Health Lawyers Association this week. During his presentation, Joshua shared some statistics that shocked our audience: on average... Jon Resnick, Esq. {A0C63D35-7DE3-4614-BD8A-EDDA3DE9F55D} Thu, 30 Jun 2011 07:00:00 GMT EventsLawNews - IndustryServicesSocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6F7020E1-9D92-49D4-A8E5-EE3DF3DCD4B3%7D I received a call from a client seeking guidance on managing text messages in an organization where employees use mobile communication devices that are personally owned. Many large organizations have opted out of providing Smartphones to employees, either as a cost and support issue or because employees have a preference to carry only one mobile device. Virginia P. Henschel {6F7020E1-9D92-49D4-A8E5-EE3DF3DCD4B3} Wed, 1 Dec 2010 08:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B6837A2BA-4F69-43F5-BCDE-EEBCD40F7981%7D Based on the amount of buzz about the U.K. Bribery Act, as well as the frequency of comparisons to the U.S.'s own FCPA, you'd think the U.S. and U.K. have a duopoly on anti-bribery legislation. What of our friends to the North? Surprise! Canada also has its own anti-corruption act, called the CFPOA (Corruptions of Foreign Public Officials Act)…and it's a far cry from buzz-worthy, as it has been mainly dormant since it first passed in 1999. To add insult to injury, it was ranked dismally by Transparency I... Applied Discovery {6837A2BA-4F69-43F5-BCDE-EEBCD40F7981} Thu, 7 Jul 2011 07:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B22F74D5F-2012-4ED9-B454-EED9A79C46C7%7D Federal regulations requiring the safeguarding of personally identifiable information continue to proliferate. Regulations have been promulgated under HIPAA, the FTC, and now the SEC – which has an extensive proposed rule addressing data security. Individual states are now joining the mix of privacy regulators as data breaches occur with alarming frequency in large retailers, universities and banks. Remedies in the past have been less than satisfactory; generally limited to written notification of the ... Virginia Henschel {22F74D5F-2012-4ED9-B454-EED9A79C46C7} Mon, 8 Mar 2010 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BD27023EC-C160-41A0-BA65-EF31CDA8CCB0%7D Now that we’re halfway through the year, it’s a good time for us to take stock of where we’ve been in the first part of 2011. With that in mind, we reviewed our blog archives to determine the top ten pieces we’ve published this year, according to reader popularity. Coming in at number ten is Thriftiness Pays Off: The Triple R’s of E-Discovery, which addressed how Applied Discovery not only meets the ACC Value Challenge but also helps clients save money through reducing, reusing, and recycling electro... Jon Resnick, Esq. {D27023EC-C160-41A0-BA65-EF31CDA8CCB0} Thu, 7 Jul 2011 07:00:00 GMT EventsLawNews - IndustryServicesSocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BC8ECBB6C-612C-4F5F-BB56-F0E0B69BFE9F%7D It takes moxie and deep pockets to sue the SEC for discovery misconduct; enter Mark Cuban. Mr. Cuban has challenged the SEC, alleging failure to cooperate in responding to his discovery requests. The SEC has asserted several blanket exemptions to the production of documents relevant to Mr. Cuban's FOIA requests regarding SEC personnel internal communications. Hopefully Mr. Cuban's persistence will bring visibility to the continued intransigence of the SEC in responding to discovery requests. Virginia P. Henschel {C8ECBB6C-612C-4F5F-BB56-F0E0B69BFE9F} Wed, 1 Jul 2009 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BE3E8CDD8-6083-418A-AA49-F21B2467B876%7D A requisite for facilitating compliance with Social Media Policies is "hands on" training. The nuances of appropriate versus inappropriate employee postings are best vetted in dynamic, small group meetings. Compliance with the FTC Endorsement Guidelines issued in August is yet another compelling reason to revisit the benefits of hands on training. We have repeatedly decried the lack of hands on training in corporate America as budgets are lean and organizations rely on web based training. Web training pr... Virginia P. Henschel {E3E8CDD8-6083-418A-AA49-F21B2467B876} Mon, 27 Sep 2010 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BF959C5B2-3E82-4862-9736-F235190CCD2B%7D Today we bring our review of Applied Discovery’s commitment to the Association of Corporate Counsel’s Covenant with Counsel to a close. We round out our discussion with the final three tenets, which focus on how we ensure our staff members bring clients the very best in value. Specifically, in the Covenant, we pledge to train our staff efficiently and effectively without imposing additional and unwarranted costs, we commit to pro bono and diversity activities, and we agree to work hard to retain an... Jon Resnick, Esq. {F959C5B2-3E82-4862-9736-F235190CCD2B} Wed, 1 Jun 2011 07:00:00 GMT ACCAuthor - Jon ResnickNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BE852E6DD-70EF-4254-BE37-F6047A8FE662%7D Recent initiatives and litigation have brought the federal government's recordkeeping system under scrutiny. For example, the National Archives and Records Administration's 2010 Records Management Self-Report revealed serious deficiencies in federal agencies' retention of e-mail and a host of other problems. And in a recent case, United States v. Honeywell International, Inc., the defendant accused the government of "recklessness and gross mismanagement" in its failure to preserve documents and its erran... Bill Mariano, Esq. {E852E6DD-70EF-4254-BE37-F6047A8FE662} Thu, 12 Jan 2012 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B4BC78FB2-EF81-4C80-981F-F71AABC25804%7D In just a few weeks, the House Committee on the Judiciary will convene to discuss e-discovery. The hearing, titled "The Costs and Burdens of Civil Discovery," will take place on December 13, the fifth anniversary of the enactment of the e-discovery amendments to the Federal Rules of Civil Procedure (FRCP). Prompted by widespread outcry about the escalating costs and uncertainty surrounding parties' obligations to preserve electronically stored information (ESI), the committee will hear testimony directed... Jon Resnick, Esq. {4BC78FB2-EF81-4C80-981F-F71AABC25804} Thu, 1 Dec 2011 08:00:00 GMT LawNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B9DE88EE3-2939-4627-A752-F77C17C531CE%7D During the course of litigation, anyone can make a mistake: even law firms aren’t immune from making e-discovery blunders. In Pouncil v. Branch Law Firm, 277 F.R.D. 642, 2011 U.S. Dist. LEXIS 143227 (D. Kan. Mar. 7, 2012), a matter involving claims of legal malpractice, negligence, and breach of fiduciary duty, the plaintiff sued a lawyer and his law firm on behalf of her husband’s estate. The plaintiff had engaged the law firm to sue drug manufacturer Merck after her husband died while taking Vioxx. The... Amy Lynn Maxwell {9DE88EE3-2939-4627-A752-F77C17C531CE} Thu, 26 Apr 2012 07:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BD1FA3D78-7A03-4C8E-894E-FA242F231091%7D I went to see the comedian Sarah Silverman on Saturday night. She is hilarious and, given the nature of her routine, there is basically nothing I can share in this corporate blog about her act. Just know that it was really funny. I was worried we weren’t going to get to her show on time so I made our group rush through our pre-concert festivities (we made it in plenty of time). So, I now have a confession to make: I am a serial worrier. I have been accused by family, friends and co-workers ... Jon Resnick {D1FA3D78-7A03-4C8E-894E-FA242F231091} Thu, 11 Nov 2010 08:00:00 GMT News - CompanyAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B74371D88-34A0-485A-A8CF-FAAFD480EBC6%7D Taken from the e-Disclosure Information Project website as published by project founder Chris Dale . I promised a proper welcome to Applied Discovery when I put up a short post on 16 February to draw attention to the arrival of their logo. These Welcome posts are generally the only occasion when I invite collaboration on what goes into a post – generally, except where I am unsure of my facts or my authority to mention something, I write what I like. A first post to describe... Rob Robinson {74371D88-34A0-485A-A8CF-FAAFD480EBC6} Thu, 4 Mar 2010 08:00:00 GMT News - CompanyNews - IndustryServices http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BA4898DB5-3982-43ED-AEBF-FAEC2E436B7C%7D As the new year begins and we continue to look forward to the next Civil Rules Advisory Committee meeting in March, I wanted to highlight some recent changes in state e-discovery rules that might serve as a model for revisions to the Federal Rules of Civil Procedure (FRCP). Next week, I'll cover changes in the federal courts. North Carolina In October 2011, amendments to the state's Rules of Civil Procedure went into effect that incorporate electronically stored information (ESI) within the scope o... Jon Resnick, Esq. {A4898DB5-3982-43ED-AEBF-FAEC2E436B7C} Thu, 12 Jan 2012 08:00:00 GMT Law http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B628226C3-668D-404A-BA93-FB11521303B9%7D It is hard to believe that courts have recognized electronic data as discoverable evidence for more than forty years. With the 1970 amendments to Rule 34 of the Federal Rules of Civil Procedure, the federal rules incorporated “electronic data” within the definition of “documents” for the first time. And even though we have all been aware of this requirement for forty years, the transitioning state of electronic data continues to frustrate counsel. The avalanche of data stored online, whether in do... Jon Resnick, Esq. {628226C3-668D-404A-BA93-FB11521303B9} Wed, 25 May 2011 07:00:00 GMT Author - Jon ResnickNews - CompanyNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B55C9B0E2-988B-4515-BA0A-FBCD7D54ADE0%7D The twelfth and fourteenth commitments in the ACC’s Value Challenge Covenant with Counsel reemphasize the importance of communication with clients. As we discussed last month, the Meet-Talk-Act paradigm underscores every step of every project we undertake. The twelfth commitment, in which we promise to discuss any client or issue conflicts with our clients up front, and the fourteenth commitment, in which we pledge to meet deadlines and stay in touch, simply reinforce the communication practices that... Jon Resnick, Esq. {55C9B0E2-988B-4515-BA0A-FBCD7D54ADE0} Wed, 25 May 2011 07:00:00 GMT ACCAuthor - Jon ResnickNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B07683E56-7366-45B0-9E3E-FC2D19233655%7D If we learned one thing about e-discovery from the death of Osama bin Laden, it’s that you may be able to evade technology for a while, but inevitably technology will catch you. Though the compound where bin Laden was living in Pakistan was worth approximately $1 million, it curiously had no telephone or Internet service. Bin Laden likely eschewed this technology so no one could tap into his verbal or online conversations. Ironically, that lack of technology is one thing US intelligence services used ... Jon Resnick {07683E56-7366-45B0-9E3E-FC2D19233655} Thu, 5 May 2011 07:00:00 GMT Author - Jon ResnickNews - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BEB4E2473-9ACB-4E7B-9871-FE127704B681%7D Last week, John Markoff (technology writer for the New York Times) shook up the e-discovery world by suggesting that "armies of expensive lawyers" could be replaced by sophisticated e-discovery software. We've seen similar scenarios before, so we already know how this one will play out. Counsel, please bring in our first witness: The Terminator. Jon Resnick {EB4E2473-9ACB-4E7B-9871-FE127704B681} Thu, 10 Mar 2011 08:00:00 GMT News - IndustryLawDiscovery BookAuthor - Jon Resnick http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BDBFCC66D-D5A1-4A28-AB4D-FE42D9E93A23%7D On November 9, 2011 at 2:00 p.m. Eastern, Applied Discovery will offer the final webcast in our Value of Information series, in partnership with the ACC. This time, our focus is Embracing Social Media. In this session, we'll tell you about the legal risks associated with Facebook, LinkedIn, Twitter, and other social media platforms. Like the other two webcasts in our series (Information Governance and Cloud Computing), this session will focus not only on the risk of social media but also on the value of ... Jennifer Coyne, Esq. {DBFCC66D-D5A1-4A28-AB4D-FE42D9E93A23} Thu, 27 Oct 2011 07:00:00 GMT ACCEventsSocial Media http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7BB3D361E4-CF7E-4628-A704-FE7B01776F86%7D With 2011 drawing to a close, it's time to offer my predictions for next year. Based on my expert reading of tea leaves and my Magic 8 Ball, here are five trends I expect that will be in the forefront of e-discovery in 2012. 1. The debate over the need for amendments to the e-discovery rules will continue. The recent hearings before the Committee on the Judiciary fueled the fire over the need to revise the e-discovery provisions of the Rules of Civil Procedure (FRCP). Without a consensus on what to... Jon Resnick, Esq. {B3D361E4-CF7E-4628-A704-FE7B01776F86} Wed, 21 Dec 2011 08:00:00 GMT News - Industry http://www.applieddiscovery.com/ws_display.asp?filter=Blog_Detail&item_id=%7B22EA44FF-BB9D-48AB-B973-FF1868819D4D%7D Exciting things are afoot at Applied Discovery! I am thrilled to announce that next week, we will release our latest update to Leverage, our hosted e-discovery solution. Clients involved in complex litigation and investigations use our Leverage suite of services to review, analyze, and monitor the discovery of electronically stored information. The suite includes Leverage Data Analytics, which provides early and ongoing case assessment, including visualizations for concept and communication mapping; Revi... Jon Resnick, Esq. {22EA44FF-BB9D-48AB-B973-FF1868819D4D} Thu, 11 Aug 2011 07:00:00 GMT News - Industry