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It’s Back: The 4th Annual EDWBA E-discovery Conference

It’s Back: The 4th Annual EDWBA E-discovery Conference November 1st, 2011 | by Kelly Twigger

Following on the heels of Halloween and Freddy Krueger, the Eastern District of Wisconsin Bar Association is putting on its annual E-discovery event. On November 15, 2011, Kelly Twigger and Cristina Hernandez will join an esteemed group of presenters at the 4th Annual Electronic Discovery Conference sponsored by the EDWBA, the Milwaukee Bar Association, Marquette Law School, and AIIM Wisconsin. This day-long seminar will begin with an optional primer on e-discovery for those who need to learn the basics, a case law update highlighting the most significant decisions of the already 200 issued in 2011, and a panel on Cost-Effective Electronic Discovery, where we will provide practical suggestions for reigning in costs, negotiating a more limited scope, and shifting costs. Professor Grenig will moderate the panel of Matt Stippich, Shawn Olley of Midwest Legal and eData Services, Kelly Centofani of Centofani Law, and yours truly.

Happy Halloween from ESI Attorneys

Happy Halloween from ESI Attorneys October 31st, 2011 | by Kelly Twigger

Forget Freddy Krueger, volumes of email in 10 different locations  is what keeps our clients up at night … another beauty from Case in Point.
Happy Halloween from ESI Attorneys!

E-discovery Chutes & Ladders: A Comedy

E-discovery Chutes & Ladders: A Comedy October 19th, 2011 | by Kelly Twigger

The latest offering from Case In Point cartoons is a LOL moment for anyone who has handled e-discovery lately.  This is my favorite cartoon so far in the series.  Hats off to Tom Fishburne and the Case Central team.

The SEC’s Guidance on Cybersecurity Risks: The Need to Know Your Client’s Technology

The SEC’s Guidance on Cybersecurity Risks: The Need to Know Your Client’s Technology October 18th, 2011 | by Cristina Hernandez

The need for counsel – particularly securities counsel – to understand the structure and security of her/his publicly-traded client’s IT systems just became even more important as a result of guidance just issued by the SEC.
On October 13, 2011, the Securities and Exchange Commission issued guidance discussing when public companies may need to disclose cybersecurity risks and incidents. In so doing, the SEC placed cybersecurity at the same level of importance as other operational and financial risks, even though (as the SEC acknowledges) there are no existing disclosure requirements that “explicitly refer[] to cybersecurity risks and cybersecurity incidents.”
In determining whether [...]

In Email Archiving, Don’t Forget About the Exit Strategy

In Email Archiving, Don’t Forget About the Exit Strategy October 5th, 2011 | by Kelly Twigger

As organizations face hefty price tags to preserve, manage, collect and review email in litigation, many have moved to try to lessen the load by signing up for email archiving.  For those of you unfamiliar with email archiving, the concept is simple — technology attached to the organization’s email system keeps a copy of every incoming and outgoing message for each user on the system.
If an organization has 10,000 employees, every single email coming and going from each of those 10,000 employees is collected every single day, regardless of whether the content is spam (and why wouldn’t we want to [...]

The New (Model) Order for Patent E-Discovery: A Real Game-Changer

September 29th, 2011 | by Cristina Hernandez

In a speech on September 27, 2011 to the Eastern District of Texas Bench Bar Conference, Chief Judge Randall R. Rader of the United States Court of Appeals for the Federal Circuit revealed a new Model Order for Patent E-Discovery. This Order is a real game-changer for patent litigants because of the almost-unprecedented strict limits on e-discovery. This Order also provides another excellent model for phased e-discovery and discovery limits that can be used effectively in other complex litigation.
The Order contains the following limits on e-discovery:

No production of metadata absent a showing of good cause (except for the date and [...]

Social Media is Everywhere

Social Media is Everywhere September 14th, 2011 | by Kelly Twigger

The latest cartoon from Case In Point really drives home the reality of social media and its effect on the legal process.

Securing Your Employees’ Hardware – Why You Should Continue to Care

September 12th, 2011 | by Cristina Hernandez

In response to the question “Should you secure your employee’s hardware?”, the answer is always, “Well, yes, of course!” But it is also true that the devices used by employees – computers, laptops, Blackberries, iPhones, etc. – are usually not as secure as they should be. Many employees can, and do, leave their work every day with their employer’s information stowed in a briefcase or bag, and the employer has no idea and no ability to wipe out that data if the device is stolen or the employee terminated.
There are some simple things that can be done to prevent data [...]

The Lesson of DOJ vs. AT&T – Why Knowing Your Electronic Systems is Critical When Dealing With the DOJ

September 1st, 2011 | by Cristina Hernandez

The latest action brought by the DOJ against AT&T seeking to block its deal with T-Mobile is drawing a lot of commentary about the amount of money AT&T would lose if the deal is blocked. What goes unmentioned are the millions of dollars that have likely already been spent by AT&T and T-Mobile in producing electronically stored information (ESI) to the DOJ in connection with its antitrust review, and how companies can get some control over those costs.
Picture an enormously broad document request:

It touches virtually every aspect of your deal;
It seeks detailed financial information about your sales, margins, [...]

Active vs. Forensic Images in E-discovery — The Difference Could Mean Spoliation.

July 20th, 2011 | by Kelly Twigger

Understanding the difference between an active image of a hard drive vs. a forensic image is crucial in preservation and collection for e-discovery. With all of the advancements in technology and the expanding use of cloud computing, most organizations still allow, and even encourage, users to store information on their hard drives.  That means that information contained on hard drives must be preserved for e-discovery purposes once custodians and types of ESI have been identified.

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