Recent court rulings in e-discovery.
- October 30, 2006ALM Staff | Law Journal Newsletters |
In the legal realm, concern about the security of sensitive data during transport has never been higher. Attorneys from coast to coast have watched the headlines and read countless articles about files and tapes that have been lost or stolen while being moved from Point A to Point B ' during legal discovery activities, perhaps, or to satisfy compliance requirements.
As a result, law firms and corporate in-house counsel are investigating more dependable methods for securing information during transit, when it is most vulnerable. Many of these experienced denizens of e-data have concluded that encryption provides the greatest protection throughout the chain of custody, and that this locked-door method of data security can be achieved at a relatively reasonable cost.October 30, 2006Chuck BokathWith state laws governing the capture and securing of evidence ' including electronic data ' the possibility of spoliation is a genuine concern. Not only could evidence subjected to spoliation be inadmissible, but misdemeanor or felony charges could apply to the collector and the contracting party.
Identifying electronic evidence, much like in a physical crime scene, starts with drawing increasing concentric circles around the victim or perpetrator. Some care must be taken regarding a company's policies and practices. State and federal law on personal property may be involved if the employee used personal devices legally or illegally in combination with the company's assets, and a warrant or commencement of discovery may be required to access personal property or equipment on private property.October 30, 2006Jason ParkTraditionally, job-termination notices took the form of a pink slip of paper that employees found in their mailbox or in the envelope carrying their paycheck.
Recently, however, tech retailer Radio Shack used e-mails to give more than 400 employees notice of their involuntary separation from the firm. That move probably wasn't the use of technology many in the e-commerce, or the bricks-and-mortar, world envisioned for the business sector.October 30, 2006Jonathan BickFor all the publicity that our litigious society generates, the decision to sue or not, or even to send a so-called lawyer letter, is often agonizing for any business owners or principals.
This dilemma is particularly strong for the smaller firms that compose so much of the e-commerce sector. While the media often perceives lawyers as nothing more than 'ambulance chasers' constantly looking for personal injury lawsuits to stock their personal treasuries, most businesses should prefer to resolve disputes outside the courtroom.October 30, 2006Stanley P. JaskiewiczThe last few weeks have witnessed further evolution of the world of user-upload sites. MySpace.com and YouTube.com were once youthful rebels; their founders were young, their audience was predominantly under 30. These sites allowed youngsters to post their own video material. This, in turn, enraged copyright holders, because some of the postings used (and sometimes were in entirety) copyrighted material, taken without permission.
October 30, 2006John T. AquinoThe first part of this article discussed the importance and focus of data retrieval in matrimonial actions and the parameters of data mining. The conclusion herein addresses privacy concerns, the impact of e-mail, and the costs of data retrieval.
October 30, 2006Scott Andino

