January 8, 2015

Archiving vs. Journaling: Saving the Right Stuff

Email threatens to overwhelm us all – over 100 billion business emails were sent every single day in 2013[1] and that number is expected to grow. Friends, colleagues, and now even inanimate objects all communicate by email. With this deluge in mind, how can an organization save their email in a comprehensive, defensible, and useful way? More to the point, how can they do that while only saving what they need rather than everything?
January 7, 2015

Bring Your Own App (BYOA)

If you have worked in the corporate world for the last five years you are likely familiar with the Bring Your Own Device (“BYOD”) concept. BYOD is the practice of allowing employees to use their personal computers, smart phones, and other devices to access company data and perform their jobs.
December 16, 2014

3 Reasons You’re Afraid of Technology Assisted Review…and Shouldn’t Be

Beginning with the court’s approval of a technology assisted review (TAR) protocol in Da Silva Moore[1] in early 2012, it seemed TAR was about to revolutionize discovery. In a world of exponentially growing data and corresponding document review costs, TAR was the answer that would save us all!
November 26, 2014

Stop the Sanctions – Three e-Discovery Challenges for Japanese Companies

Among the most high-profile cases involving spoliation, you may have noticed a trend: Japanese companies do not have a stellar track record when it comes to complying with U.S. e-Discovery rules.
November 17, 2014

HIPAA Violations May Result in Private Right of Action under State Law – and why every company should care

The risk of liability just went way up for mishandling sensitive health information, and perhaps also other types of private information protected by federal statutes. On November 11, 2014, the Connecticut Supreme Court determined that HIPAA can created a standard for a private right of action under state law for a victim who had her protected health information wrongfully disclosed to a third party during discovery. Byrne v. Avery Center for Obstetrics and Gynecology, P.C.[1] holds that the state court may look to HIPAA standards to determine the “standard of care” that should be applied in determining a state law negligence claim.