tag:blogger.com,1999:blog-23791998053553408362012-01-17T19:29:40.532-06:00Percento Consulting a multi-disciplined consulting firm. We provide professional consulting services with specialization in Information Technology, Electronic Data and Information Management, and Litigation services. We work closely with our clients to define our role on each project. By combining our clients' objectives with our consultants' expertise, we are able to develop a cooperative and successful approach to solving the challenges our clients face.Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.comBlogger371100tag:blogger.com,1999:blog-2379199805355340836.post-50816465041220276882008-10-29T21:03:00.002-05:002008-10-29T21:12:00.699-05:00

Of the many burdens litigators must shoulder, among the most irksome may be disputes over what documents are confidential and what agreements and markings are necessary to keep them that way. These confidentiality issues have become more pressing in the era of e-discovery, as ever-burgeoning masses of electronically stored information inundate the discovery process. Determining and demarcating

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com3tag:blogger.com,1999:blog-2379199805355340836.post-36591153103944958972008-08-21T09:07:00.007-05:002008-08-21T09:24:55.931-05:00

There has been a lot of confusion about eDiscovery and how a record is defined in the life sciences industry – some organizations believe that regulated content is the only content that has to have record classifications applied to it, which isn’t the case. Additionally, because of the litigation aspects associated with these records, legal counsel and the senior executives bring their own

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com2tag:blogger.com,1999:blog-2379199805355340836.post-85334569236785140192008-08-21T09:03:00.000-05:002008-08-21T09:05:13.484-05:00

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-30767715703743572332008-07-02T15:28:00.004-05:002008-07-02T15:36:40.435-05:00

Many businesses hardly give a second thought to old e-mails, digital documents, and instant messages. But, if you don't know how long employees are keeping these documents, you may very well have some legal time bombs sitting on your company's network or employee hard drives.Recent headlines serve as a chilling reminder that the e-discovery process can unearth damaging data that sinks careers and

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-16320317265343551652008-06-18T14:35:00.003-05:002008-06-18T15:14:01.312-05:00

By Mathias ThurmanFederal rules governing retention of electronic documents pull info security into the legal domain.It's not often that I'm contacted by my company's legal counsel, but when he sent me a meeting request with the topic of "data retention," I realized that this could mean only one thing: e-discovery. Whatever size organization they work for, security managers must be prepared to

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com4tag:blogger.com,1999:blog-2379199805355340836.post-12497944013976972252008-05-29T21:33:00.004-05:002008-05-29T21:41:33.930-05:00

Despite the penalties for inadequate e-discovery capabilities, many firms still are challenged to establish effective programs.By Melanie RodierA year and a half after amendments to the Federal Rules of Civil Procedure (FRCP) ushered in critical new e-discovery obligations for parties to lawsuits in federal court, Wall Street firms still are scrambling to come to grips with the e-discovery burden

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-51174102372802123692008-04-22T10:53:00.003-05:002008-04-22T10:57:09.699-05:00

By A. Michael Weber, New York Law JournalSince the electronic discovery amendments to the Federal Rules came into effect in December 2006, there have been a plethora of articles in respected legal publications regarding the parade of horribles awaiting unwitting counsel and their clients should they fail to preserve and/or produce electronic information in discovery. This article focuses on the

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-13555932670747757342008-04-22T10:47:00.003-05:002008-04-22T10:52:02.312-05:00

By Mary Pat GallagherThousands of executives received e-mails last week purporting to be federal court subpoenas but that appear to be part of a "phishing" scam to capture sensitive data. The pseudo-subpoenas bear the seal of the U.S. District Court and docket numbers from real cases, though apparently closed ones, without party names. They command an appearance on May 7 before a grand jury in a

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-34985560062945080112008-02-19T13:46:00.003-06:002008-02-19T14:03:00.205-06:00

by Larry MedinaA recent Computerworld article, White House e-discovery squeeze puts e-mail backup in focus, raised a lot of questions regarding how to best manage e-mail, and continued the ever growing discussion on what is happening at the White House. While Mr. Osterman raised some good points for consideration and seems to understand the need for sound RIM policies and practices, the use of

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com1tag:blogger.com,1999:blog-2379199805355340836.post-11367865287831215542008-02-19T13:27:00.006-06:002008-02-19T14:03:22.341-06:00

By Brian FonsecaExperts say many organizations lack urgency to archive e-mail, handle discovery requests:As the White House contends with a federal judge's order to prepare a discovery plan amid a legal skirmish about missing e-mail, storage experts say businesses should move to improve backup and e-mail archiving policies to avoid similar legal problems. District Court Judge Colleen

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-72654146510562033412008-01-28T17:01:00.000-06:002008-01-28T17:06:24.301-06:00

By DAVID A. LIEBJEFFERSON CITY, Mo. _ Gov. Matt Blunt has ordered work to begin on a $2 million plan to archive government e-mails in response to concerns about e-mail deletions in his office and elsewhere.Blunt had asked the state's computer chief in November to research ways of permanently saving e-mails. That request came after a former staff attorney alleged he had been fired from Blunt's

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-36691718244115945332008-01-20T08:29:00.000-06:002008-01-20T08:34:46.740-06:00

In this case, plaintiffs alleged that their civil rights had been violated when the defendants denied them the opportunity to purchase real estate at auction. The email dispute was first brought to the court's attention in August 2006, when the plaintiffs moved to compel supplemental discovery responses from the County. Plaintiffs' counsel argued that the County had failed to perform a diligent

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-23929758369260600752008-01-17T21:14:00.000-06:002008-01-17T21:28:24.752-06:00

San Diego, CA (AHN) - A federal judge Monday said six Qualcomm attorneys should be investigated by the California State Bar Association for possible ethics infractions. The action followed the revelation Qualcomm withheld thousands of documents during a patent-infringement lawsuit against rival Broadcom."Qualcomm intentionally withheld tens of thousands of decisive documents from its opponent in

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-70750863220953512682008-01-13T09:58:00.001-06:002008-01-13T10:15:24.773-06:00

By: ADAM KAYE - ENCINITAS -- The e-mails arrive at City Hall by the thousands and city officials are examining which of them to keep and how to store them.Earlier this week, the City Council agreed to appoint two of its members, Teresa Barth and James Bond, to a subcommittee to develop policies and procedures for e-mail. The committee will include the city manager, city clerk, city attorney and

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-6664215084285945102008-01-09T11:32:00.000-06:002008-01-09T11:37:54.181-06:00

County GOP says Chuck Rosenthal should resignBy BRIAN ROGERS, ALAN BERNSTEIN and MATT STILESCopyright 2008 Houston ChronicleNew e-mails released Tuesday show District Attorney Chuck Rosenthal sent and received racist jokes and strategized with political consultants and colleagues about his re-election campaign on his county e-mail account.Also within the correspondence obtained Tuesday by the

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-84634534917141507252008-01-06T09:20:00.000-06:002008-01-06T09:32:41.717-06:00

Half of companies have no data retention policyby Robert JaquesA year after the launch of the revised Federal Rules of Civil Procedure (FRCP), more than 65 per cent of US businesses remain unprepared to meet strict court requirements for the discovery and handling of electronic evidence, new research claimed today.The revised rules set "aggressive timelines" for the discovery of electronic

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-62844905141128938682008-01-03T10:23:00.000-06:002008-01-03T10:49:12.993-06:00

Harris County District Attorney Chuck Rosenthal pulled the plug on his re-election campaign after all Wednesday at the climax of a day of flip-flopping, intrigue, political pressure and clock management. The local Republican Party officially accepted his one-sentence withdrawal letter three minutes before the deadline for removing candidates from the March 4 primary ballot — and three days after

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com1tag:blogger.com,1999:blog-2379199805355340836.post-33193142001592599652007-12-18T09:25:00.000-06:002007-12-18T09:31:15.632-06:00

This column has previously featured two areas where EU data protection law has come into conflict with U.S. law. In each case the conflict was resolved, more or less, by government-to-government negotiation. Another such conflict arises where the discovery requirements of U.S. litigation (or agency investigations or audits required by U.S. law) challenge the EU data protection laws.The scope of

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-61231660627994464122007-12-11T20:44:00.000-06:002007-12-11T20:58:05.744-06:00

By Brett BurneyAll litigation support software gives you essentially the same thing -- a searchable database to host documents and analytical information related to a litigation matter. The legal world has come to expect a standard set of tools in litigation support software. Every review platform provides a way to import, view, search, sort, filter, tag, code, redact, export and produce

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-14400737348505919752007-11-19T13:51:00.000-06:002007-11-19T13:56:22.543-06:00

The shift toward electronic communications over the last 20 years has been well-documented; the courts have been wrestling with the challenges posed by electronic discovery ever since. Not until December 2006 did the Federal Rules of Civil Procedure ("the new rules") specifically address the unique challenges presented by electronically stored information (ESI). While the new rules brought

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-64740195369970601812007-11-13T09:36:00.000-06:002007-11-13T09:45:15.736-06:00

Over-stuffed file cabinets that hold business records and personal information have been replaced by compact computer hard drives that offer easy and convenient storage of and access to a variety of items, including correspondence, forms, memos, photos, account information and Internet transactions. As a federal district court judge recently observed, a computer itself is not evidence in most

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-9130705479175436652007-11-02T09:39:00.000-05:002007-11-02T09:46:46.808-05:00

The new federal rules on electronic discovery make having a comprehensive document retention policy even more important than before. In an audio conference hosted by BLR, attorneys Jeffrey D. Neuburger and W. Lawrence Wescott II outlined what employers need to do when it comes to storing and retaining HR records. Document Retention PoliciesThe presenters emphasized the importance of having a

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-33686953944688643672007-11-02T08:37:00.000-05:002007-11-02T08:43:04.698-05:00

In its Fourth Annual Litigation Trends Survey of corporate counsel at U.S. companies, law firm Fulbright & Jaworski LLP surveyed respondents on their policies on the retention of employee voice messages and instant messages. These technologies are playing an ever-growing role in discovery and disclosure during so-called litigation hold periods, the law firm noted.Fifty-three percent of in-house

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-66583507671868868482007-11-01T10:49:00.000-05:002007-11-01T10:51:59.176-05:00

The Sedona Conference has published a second edition of its iconic The Sedona Principles: Best Practices Recommendations & Principles for Addressing Electronic Document Production (June 2007), which is available via download at http://www.thesedonaconference.org/. The Sedona Conference is a nonprofit group, created in 1997, to tackle complex legal (primarily litigation) issues. The latest update

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-41792352161175210092007-10-29T14:37:00.000-05:002007-10-29T14:39:12.984-05:00

As the Foreign Corrupt Practices Act receives increased attention from both the Department of Justice and the Securities and Exchange Commission, more companies are running afoul of its provisions. Because the FCPA applies to transactions in foreign countries, investigating alleged violations of the statute necessarily involves conducting investigations within the relevant countries. Counsel must

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-79618451646654025702007-10-25T10:18:00.000-05:002007-10-25T10:27:12.832-05:00

Under the amended Federal Rules of Civil Procedure, litigants are required to meet and discuss a number of issues associated with the exchange of discoverable documents and information, including preservation and production of electronically stored information ("ESI"). However, while the Rules can compel parties to have a conversation about specific topics, they cannot force parties to agree on

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-38464504255211823932007-10-01T10:06:00.000-05:002007-10-01T10:14:50.270-05:00

By Stefanie Jill Fogel and Lauren E. BishowInformation technology has undeniably become a key element of most business organizations, supporting both the primary methods of communication and the means of processing and storing vast amounts of proprietary information. The application of technology systems to the day-to-day activities of business has naturally caused electronically generated and

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-33392840323468312152007-09-28T16:08:00.000-05:002007-10-01T10:12:51.706-05:00

I could hear the frustration in her voice. "We keep going back and forth with the plaintiff's lawyer. I don't understand what he wants. Can you help us?" Defense counsel was trying to satisfy an opponent bent on getting e-mail in "native file format." With each disk produced, the plaintiff's lawyer demanded, "Where's the e-mail?" Now he was rattling the sanctions saber. Poring over copies of what

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-25178339389492959202007-09-05T14:01:00.000-05:002007-10-01T10:13:01.566-05:00

When federal investigators July 25 seized the computer of a Cobb County, Ga., man indicted in connection with prescription drug sales on the Internet, they used a search warrant to gain access to the computer's files.The seized computer on which defendant Christopher Stoufflet intermingled his business and his personal affairs contained -- in addition to business records from his defunct online

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-59580479340390498672007-09-05T13:56:00.000-05:002007-09-05T14:09:35.462-05:00

When is enough preservation too much? Many legal professionals cringed when Magistrate Judge Jacqueline Chooljian of the U.S. District Court for the Central District of California, held that the duty to preserve required the activation of a logging function to enable the retention of serve log data in random access memory, where the information that would be captured by that step was predictably

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-61494435169397215992007-09-05T13:44:00.000-05:002007-09-05T14:09:43.638-05:00

Recent headlines have highlighted the blurring divide between professional and private e-mail accounts: The White House and its staffers were subjected to criticism and scrutiny for their use of non-governmental e-mail accounts and BlackBerrys in connection with official business; New York Governor Eliot Spitzer's aides' personal e-mail accounts have been targeted for communications concerning

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-8121772995703492162007-08-13T09:42:00.000-05:002007-08-13T09:51:16.127-05:00

By Beatrice O'Donnell And Thomas A. LincolnThe Legal IntelligencerAugust 13, 2007With the recent passage of the amendments to the Federal Rules of Civil Procedure, the legal press has been filled with articles containing e-discovery advice. At some point, "e-discovery" will need to be converted into "e-evidence" for the purposes of summary judgment or trial. When you're faced with having spent

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-21455546297674282662007-08-10T14:16:00.000-05:002007-08-10T14:17:42.299-05:00

By Craig BallLaw Technology NewsAugust 8, 2007When parties to a big lawsuit couldn't agree on a vendor to host an electronic document repository, the court appointed me to help. Poring over multimillion dollar bids, I saw the vendors were told to assume that a gigabyte of data equals 22,500 pages. If the dozens of entities involved produced their documents in a mix of TIF images and native

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-60294157692464679902007-08-10T14:01:00.000-05:002007-08-10T14:07:28.840-05:00

By Marcia CoyleThe National Law JournalAugust 9, 2007Coming soon to a federal court near you -- digital audio recordings of courtroom proceedings available online.The Administrative Office of the U.S. Courts recently announced that two federal courts will launch the pilot project to make digital audio recordings of their proceedings publicly available online.The two courts are the U.S. District

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-49971640342454014492007-08-07T10:12:00.000-05:002007-08-07T10:55:40.272-05:00

In April 2006, after a five-year review, the Supreme Court approved changes to the Federal Rules of Civil Procedure (FRCP) that went into effect on Dec. 1, 2006.One of the more significant changes to the FRCP is the requirement that corporations and other parties involved in federal litigation must make available certain electronic messages and records as part of the discovery process. While many

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-43316380418682487762007-08-07T10:03:00.000-05:002007-08-07T10:53:36.318-05:00

SANTA CLARA, Calif. --(Business Wire)-- Mimosa Systems(TM), a leader in Live Content Archiving solutions, today announced it will host Best Practices for Email Retention and eDiscovery, a half-day educational seminar to be held in New York City on July 17 that will provide practical advice on the creation and deployment of email retention policies for corporate governance and eDiscovery support.

Percentohttp://www.blogger.com/profile/02700223750537408082noreply@blogger.com0tag:blogger.com,1999:blog-2379199805355340836.post-76674050794113810932007-07-19T14:09:00.000-05:002007-07-19T14:31:49.029-05:00

The professional critics have offered their iPhone opinions, giving Apple's new cellphone mostly a thumbs up. Now it's time for thousands of consumers to weigh in after they bought iPhones this weekend. The gadget went on sale starting Friday night at nearly 2,000 Apple and AT&T stores after six months of anticipation.USA TODAY heard from more than 350 people who said they bought an iPhone. Based

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