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Recent Articles
What's Up Doc?
I came across a prognostication from Mary Mack, Corporate Technology Counsel at Fios. She offers 20 predictions re e-discovery for 2009. Some are funny and some are scary. I will be discussing several of them in future posts, but for now, they are well worth reading. ...
A Model E-discovery Order
I’m always on the lookout for good templates for e-discovery documents and orders. In Star, Inc. v. QFA Royalties LLC, No. 07-cv-02223-WYD-CBS (D. Colo. Filed Oct. 10, 2007), Magistrate Judge Craig B. Shaffer issues an excellent e-discovery order. In it, he calls for an...
When Business and Personal ESI Meet
Koosharem Corp. v. Spec Personnel, LLC, 2008 WL 4458864 (D.S.C. Sept. 29, 2008) has a well known “story line” but is very interesting in two respects. Kenneth Fuston was a former employee of Koosharem who left to join SpecPersonnel. The plaintiff...
Deleting Isn't Deleting
Today’s blog is about deleting files and file slack space, a rich source of evidence for the forensic examiner—and a favorite topic of mine. Most people have heard the expression “formatting a disk.” Formatting a drive divides up the space on the drive into pieces...
The E-Discovery Maze and Other Musings
I came across several interesting items this week so this post is going to be about a variety of things. The Round Table Group, an expert services firm, approached me about writing an article for their newsletter. They wanted something different. I ended up writing about some...
Throwing Out the Baby with the Bath
I came across a case (Law Office of Douglas T. Harris, Esq. v. Philadelphia Waterfront Partners, LP, 2008 WL 4291319 (Pa. Super. Sept. 22, 2008)) in which an appeal court included a comment that greatly interested me. In this case, Harris requested certain email and documents from two...
Breaking Up Is Hard To Do
I had a client that was a small company. They were embroiled in some bitter litigation with an ex-partner who was demanding some Electronically Stored Information (ESI) as of the date of the dissolution of the company. Helping them respond to the discovery request taught them a lot...
Breaking Up Is Hard To Do
I had a client that was a small company. They were embroiled in some bitter litigation with an ex-partner who was demanding some Electronically Stored Information (ESI) as of the date of the dissolution of the company. Helping them respond to the discovery request taught them a lot...
Employee Blogs: The Risks and Rewards
Law.com has an interesting article “Work Blogs Take Off, and So Do the Suits” that discusses various approaches to the issue of employee blogging. Since blogging is so very public, an employer has a vested interest in the images its employees portray in their...
Employee Blogs: The Risks and Rewards
Law.com has an interesting article “Work Blogs Take Off, and So Do the Suits” that discusses various approaches to the issue of employee blogging. Since blogging is so very public, an employer has a vested interest in the images its employees portray in their...
