Post Process

Everything to do with E-discovery & ESI

Around the Block: Jan. 30, 2010

Posted by rjbiii on January 30, 2010

Articles and items of interest to the ediscovery community.

Bow-Tie Law guest blogger examines load files in the article Load Files and Then Some. From the article:

Load files are usually simple text files (some are a bit more complex). Meaning they can be opened and viewed with Notepad or WordPad in Windows. To the uninitiated they may look daunting but after seeing a few they begin to look the same.

Judge James Kimbler, a municipal judge in Ohio, posts an article in his blog discussing the propriety and intrusiveness of forensics imaging in civil cases. Quoth His Honor:

Consistent with the old saying that “pigs get fed and hogs get slaughtered,” the decisions [discussed here] make clear that automatic and broad requests for forensic imaging are not the best way to obtain such data. Rather, a party should lay the necessary groundwork for such a request either through pre-suit investigation or other discovery and narrowly tailor the request to avoid “fishing expedition” and privilege objections.

Practical E-Discovery is one of the many taking a look at Judge Scheindlin’s recent decision in Pension Committee of the Univ. of Montreal Pension Plan v. Banc of America Securities. It’s an interesting take on degrees of unacceptable conduct during electronic discovery:

In Judge Scheindlin’s view, once conduct is found unacceptable “the only question is how bad is the conduct.” While acknowledging that the terms negligence and gross negligence have no generally accepted meaning in a discovery context, Judge Scheindlin notes they “describe a continuum.” As an abstract principle she is right, but given the endless varieties of information systems and document retention practices, these concepts are context specific and generalizations should be avoided. Judge Scheindlin recognizes these points when she writes: “while it would be helpful to develop a list of relevant criteria a court should review in evaluating discovery conduct, these inquiries are inherently fact intensive and must be reviewed case by case.”

The Economist posts an article on Leadership in the Information Age. From the article:

In [the current] environment, traditional management is impossible, or at least ill-advised. The hierarchical, layered corporate structures in which company information was carefully managed and then selectively passed down the line have crumbled. The online era has made command-and-control management as dead as dial-up internet.

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