Sound Evidence Blog
Sound Evidence is the soapbox of Mary Mack, Esq., Corporate Technology Counsel, Fios, Inc. Whether in response to an inquiry, a second request or class action litigation, Mary brings legal and technical professionals together in a collaborative and focused manner to determine a successful, cost effective and sustainable course of compliance with electronic data requests.
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Recent Articles
Top 20 e-Discovery Predictions for 2009
In pondering the upcoming year, I was asked to develop a list of predictions regarding the e-discovery market in 2009. Following are my thoughts: White collar defendants will be sunk by criminal e-discovery evidence rules created by case law involving drug dealers and child pornographers. The...
Reducing Evidence Authentication Disputes
by Conrad J. Jacoby, Esq. Harvesting electronically stored information (“ESI”) using forensically sound collection techniques is a slow—sometimes painfully slow—process. Clients and lawyers alike are strongly tempted to find alternate methods for collecting potentially relevant data, both to move ...
A note about the launch of e-Lessons Learned
Editor's note: DiscoveryResources.org is excited to announce the addition of Fernando Pinguelo and his students at Seton Hall University Law School as authors of the new "e-Lessons Learned" blog located in the "Community" section of...
E-Discovery Forensics: Private Investigator License for Computer Data Collection and Assessment?
Do the collection and evaluation of electronic records for use in court require a professional license? In litigation a mistake on this question can surprisingly cause a party to lose a lawsuit. A Texas judge ruled the company operating a red-light enforcement camera (Affiliated Computer Services...
Qualcomm v Broadcom appealed; Exceptional case
The circuit court underscored Qualcomm's litigation (ediscovery) misconduct impacting its perception of the standards body misconduct: In our view, the litigation misconduct findings were sufficient standing alone to support the exceptional case determination here, and in the circumstances of the...
Tom Mighell, among others, honored by ABA Journal
Tom Mighell, author of Inter Alia, is one of the finalists for the ABA Journal Blawg 100 Technology category. Knowing Tom (my colleague at Fios), he will probably vote for his co-author, Dennis Kennedy (The Lawyer’s Guide to Collaboration Tools and Technologies: Smart Ways to Work Together), also o...
Law Firm Challenges Rules Restricting Online Promotion
A law firm in Louisiana is challenging new advertising rules that appear to hinder lawyers' ability to maintain blogs or otherwise harness online media. Read more
Psystar case reveals Apple’s shaky e-mail retention policy
Apple has sold enterprise-class storage hardware and sotware for years, but the company has yet to embrace systematic e-mail and document retention policies that are common among publicly traded companies. Read more
Preserving and Harvesting Non-Traditional ESI
by Conrad Jacoby As has been made explicitly clear in the Federal Rules of Civil Procedure, relevant information is potentially discoverable, regardless of where and how it has been stored. As a consequence, traditional definitions of “document” no longer match real life, since relevant info...
Intel Exec Thanked Ballmer for Vista Capable Help
Microsoft is being sued for deceptive marketing practices in U.S. District Court in Seattle over claims that the changes were made to help Intel sell off millions of existing chipsets. Read this story from RedmondMag.com indicating that court documents may contain a "smoking gun" reference to M...