Posts Tagged ‘corporate’
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- February 3rd
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Recommind Study Says Legal and IT Now Pals
Recommind asserts that lawyers and IT can come coexist in a positive manner. Don’t believe it. Well, read the Recommind report and learn how. The Wall Street Journal reports, “Social Media Bringing IT and LEGAL Together, Recommind Study Reveals.” The report found that both IT and legal departments prioritize eDiscovery. Each has its issues with [...]
posted at 12:06am on Feb 3rd
- January 24th
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Walking the Lines of Transparency and Attorney-Client Privilege for ESI – An Interview with Sarah Jane Gillett, Partner at Hall Estill
In the highly litigious oil and gas industry, outside counsel must ensure that they have conducted adequate due diligence in managing and producing electronic evidence. The line of transparency and privilege is a difficult one to walk. In part one of this two-part interview, Sarah Jane Gillett, Partner at Hall Estill, gives an overview of the increased responsibility to preserve and subsequently produce relevant documents in various forms, and some insights into what exactly is protected by attorney-client privilege: AS: Can you give a brief overview of the increased responsibility to preserve and subsequently produce relevant documents in various forms? Sarah Jane Gillett: There is no question that counsel today must be cognizant of the responsibility to identify and potentially collect various forms of evidence at an extremely early stage of any litigation or investigation. While the Federal Rules of [...]
posted at 11:42am on Jan 24th
- January 18th
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The Delicate Balance Between E-Discovery And Business Requirements
One of the greatest challenges of implementing and maintaining legal hold and discovery response processes in a corporate environment is balancing those requirements with the needs and goals of the IT department. While we typically see the dichotomy between Legal and IT, there are other key stakeholders that cannot be left out of the mix: Compliance, Records Management and, of course, the Business Client.
In order to strike the balance (or at least start moving in that direction) between competing interests, each of these stakeholders must be able to understand the goals, mission, requirements, and needs of the others. To point out the obvious – this requires communication. The problem here is that Legal, Records, Compliance, and IT do not speak the same language. Because every organization is unique, culture is another critical component that cannot be ignored. While the cultural considerations and communication difficulties between the stakeholders may not necessarily be contentious, they can be frustrating and challenging. Luckily, there are ways to work through the cultural and language barriers, such as using drawings/visuals, explaining things in simple terms, and the use of translators.
posted at 10:35am on Jan 18th
- January 12th
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eDiscovery Search May Not Be Worth It
According to the eDiscovery Daily blog piece “eDiscovery Case Law: Plaintiff Not Required to Review Millions of Pages of Unallocated Space” eDiscovery search is in big trouble. The case I-Med Pharma, Inc. vs. Biomatrix Inc. shed light on eDiscovery search and how troublesome it can be. This case highlights the dangers of carelessness and inattention [...]
posted at 12:03am on Jan 12th
- January 10th
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The Urgency of the Cloud for Enterprise
It seems that moving IT infrastructure to the cloud is no longer an innovative alternative, but is rather becoming the standard, the norm. IT teams need to embrace the change and shift their thinking away from the football team sized IT staffs of the future. This is not just a general trend, but one that [...]
posted at 12:14am on Jan 10th
- January 4th
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Sprint Welcomes TextGuard™ Mobile Device Compliance Solutions for Enterprises to Sprint Biz App Marketplace
A person has the ability to review the messages on a website for audits, requests, liability concerns and other corporate governance issues. Access to the TextGuard solution for enterprises adds to an already impressive array of offerings in …
posted at 10:30am on Jan 4th
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Who Owns the eDiscovery Hot Seat – Corporate or Counsel?
The vast majority of our corporate clients are public corporations with inside counsel. Generally we work directly under inside counsel’s supervision to protect our work product. A fast assessment engagement for a smaller corporation without any inside counsel got me thinking about eDiscovery risk vs. cost decisions in a different light. Civil litigation is a ‘sooner or later’ fact of life for any public corporation with enough revenue to tempt a plaintiff. As eDiscovery becomes a defacto business process, what hat is the typical inside counsel wearing when they make decisions on matter scope, filters, data sources and more? We tend to think of counsel as the final arbitrators of eDiscovery decisions. But frequently, inside counsel is wearing the business hat when applying the ‘reasonable effort’ standard to situations. In a company without inside counsel, who does that final decision fall to?
posted at 9:00am on Jan 4th
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State of Legal 2012: Cost Control 2.0
Today a look at a key agenda item in this new year: cost control. I know it sometimes sounds like a bromide, but I really think it is only at the start of the beginning. I promise to try to do this without using the phrase with the initials “BH.” When I defined the scope [...]
posted at 8:44am on Jan 4th
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Everlasting Metadata?
Professional photographers are working to protect their rights in the digital world, as CNET reveals in “Should Metadata Be Permanent?” The groups supporting an initiative to require that metadata be permanently adhered to image, text, audio, and video files are understandably focused on protecting copyrights. However, there could be other repercussions to the move. Writer [...]
posted at 12:06am on Jan 4th
- January 3rd
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Developing an In-House eDiscovery Process: Getting Started
The impact of discovery in this era of electronic information explosion has greatly affected corporations that are full-time litigants. These effects go all the way to the core of their businesses in terms of cost, risk, and management of information. The resulting position for organizations has become reactive, and discovery costs have spiraled out of control. Over the last several years there has been a good deal of discussion on the value of bringing eDiscovery processes in-house – often referred to as “litigation readiness.” The goal of developing an in-house eDiscovery program is to manage it as a business process, thus gaining efficiency and cost control.
posted at 1:58pm on Jan 3rd