Post Process

Everything to do with E-discovery & ESI

Around the Block: 1/25/2010

Posted by rjbiii on January 25, 2010

Interesting Items floating around the blogs and the Tweetdeck:

Bow Tie Law asks the Question: To DeNIST or not To DeNIST?, while writing an article that explains the process, and benefits, of DeNISTing. There really is no question here as to whether one should do it (absent exceptional circumstances). The real question is what more should one do besides DeNISTing to remove “junk” files. A good article, though not one that threatens Shakespeare’s position in English Literature. From the article:

“Can’t you just DeNIST the data and get rid of all the junk files…?” This is a question I am often asked. It usually comes after an individual attends an eDiscovery conference and the magical phrase “DeNIST” was uttered at some point. The individual is led to believe, or rather wants to believe, it’s a supernatural process that separates all the wheat from the chaff. Well, that’s only half the story…

The DOJ releases a guide to search and seizure of computer equipment. Potential consumers may order a bound version of the guide, or download an electronic copy. From the website:

Electronic Crime Scene Investigation: An On-the-Scene Reference for First Responder is a quick reference for first responders who may be responsible for identifying, preserving, collecting and securing evidence at an electronic crime scene. It describes different types of electronic devices and the potential evidence they may hold, and provides an overview of how to secure, evaluate and document the scene. It describes how to collect, package and transport digital evidence and lists of potential sources of digital evidence for 14 crime categories.

Philadelphia attorney Stanley P. Jaskiewicz pens a post about The Law of Unintended Consequences, and how courts use it. From the article:
[The law of unintended consequences] is certainly not new. Even so, the widely cited mocking definition of a “computer” as “a device designed to speed and automate errors” shows how well this concept is suited to the Digital Age. Certainly, examples of technology projects gone horribly awry are common in the public and private sectors, with ramifications far worse than the situations they were intended to fix. Hershey’s software upgrade that caused the candy producer to miss a Halloween season, for example, or Virginia’s infamous temporary inability to issue driver’s licenses are perhaps two of the best-known fiascos (or at least those that were not hushed up by confidential settlements). Domino’s Pizza even resorted to creating its own online ordering system after a third-party application “became a real source of pushback” from disgruntled franchisees, according to Domino’s CIO.

Paralegal Jemerra J. Cherry posts an article examining methods of online researching to help determine settlement and jury verdict amounts in cases similar to yours:

No matter what type of law you practice, researching jury verdicts and settlements is an important part of any case. How would you know a plaintiff’s demand is over the top if you didn’t research it? Don’t wait until your case has been active for a year to start researching. Early case assessment is helpful when going to mediations, arbitrations or when having a meeting with your client. Plaintiffs utilize verdict research to outline and support a demand. On the flip side, defendants use verdict research to state why a plaintiff’s demand is unreasonably high. In order to properly evaluate your case, verdict and settlement research is key.

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