Litigation Support Technology and News

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• eDiscovery Rules: What's Really Required for a Meet and Confer?
• 8,000 Menacing Posts
• 3 Ways to Cut eDiscovery Costs

eDiscovery Rules: What's Really Required for a Meet and Confer? Posted: 30 Aug 2011 07:28 AM PDT http://ow.ly/6gxKI Article by Doug Austin, on the eDiscovery Daily Blog. This article outlines items that are required for discussion at a proper Meet and Confer conference, under FRCP Rule 26(f). As the author points out, "Rule 26(f) states that attorneys must meet and discuss "any issues about preserving discoverable information" as well as developing a "discovery plan." It also specifies that: Attorneys must already be aware of the location and nature of their own clients' computer systems and discoverable documents, and must be prepared to ask questions about their opponents' ESI, electronic systems, and data preservation actions. In order to be fully prepared for this conference, an attorney needs to know as much as possible about the location, volume, and logistical challenges that surround the collection of ESI, as well as the client's preferences regarding privilege, protective orders, and document review. The more informed the attorneys are on each of these counts, the more capable they will be to address relevant issues, streamline the discovery process, and minimize eDiscovery costs. Attorneys may exchange either in-depth or limited information about the legal holds process. The result of the "meet and confer" conference is to establish a comprehensive discovery plan and lay the groundwork for the discovery aspects of the rest of the proceeding."

8,000 Menacing Posts Posted: 29 Aug 2011 04:54 PM PDT http://ow.ly/6g2Tm An article by Somini Sengupta regarding appearing on the EDD Update blog, regarding a test of the limits for free speech of Twitter. This article illustrates a real life situation which as an example of Cyberstalking. This blog post references a New York Times article and states, "...The New York Times article, "Case of 8,000 Menacing Posts Tests Limits of Twitter Speech," involves efforts by William Lawrence Cassidty to harass a woman, Alyce Zeoli, by posting thousands of threatening and defamatory Twitter posts. He was charged with online stalking, on the theory that his posts caused emotional distress to the victim. Cyberstalking laws are, accordingly to the article rarely enforced. The prosecution in this case raises a question about the precise nature of information posted on social networks -- are they better viewed as private communications between parties, or public statements like newspaper articles." The author of the blog post also discusses an eDiscovery aspect related to this situation, "For an EDD standpoint, note that Twitter, in response to a subpoena, revealed the IP address of the computer used to post the messages – information that allowed law enforcement to locate the accused. This raises an additional First Amendment issue, as the disclosure of the author of seemingly anonymous posts to law enforcement is likely to have a chilling effect on future anonymous posters about controversial subjects."

3 Ways to Cut eDiscovery Costs Posted: 29 Aug 2011 04:23 PM PDT http://ow.ly/6g1LR An article by Deborah Galea on the Email and Security Compliance website. This article provides insight into possible ways to reduce eDiscovery costs. The author points out three key areas to focus on for how to reduce costs: 1) Have a Data Map; 2) Store and Manage Data Centrally; and 3) Use Non-Attorneys when possible. With respect to the third point, the author points out the following, "Some companies have turned to college-level interns or entry-level employees to search data stores for eDiscovery. However, when doing as such, it's important the company has adopted an email archiving solution that is role- based (with for instance an auditor role or eDiscovery role) and can be configured to only grant access to areas of data storage that will include information pertinent to a particular case. That will help avoid a data breach that could present costs that trump even those associated with eDiscovery."