Blogs: eDiscovery and Cybersecurity Law

  • Real Life "Verdict" Movie-Style Case of Spoliation

    by Stephen Wu on January 13, 2010

    Some of you may have seen the classic movie "The Verdict." Paul Neuman plays barfly lawyer, Frank Galvin, who wins a medical malpractice case at the last moment by a surprise witness, who testifies that the defendant doctor "doctored" the evidence. The plaintiff in the fictional movie case was the sister of a woman who ended up in a coma after giving birth. The defendant doctor testified that he…

  • New Google, Apple, and Other Devices Can Only Mean More Digital Evidence

    by Stephen Wu on January 7, 2010

    The press is abuzz with rumors of a new Apple tablet computer that supposedly will come out this year. Google announced its new Nexus One phone yesterday. And everyone with a television set in America probably saw the Droid ads over the holidays. These are the high-profile device announcements. Buried among the news articles are announcements of other devices to come later this year. I read a news…

  • Qualcomm eDiscovery Dispute - It's Not Over

    by Stephen Wu on December 21, 2009

    You may have heard about the famous Qualcomm eDiscovery case - - the one in which lawyers for patent infringement plaintiff Qualcomm Incorporated failed to turn over emails and other records about the company's participation in standards processes. The emails were relevant to the claims in the case, because participation in the standards group at issue would have undercut Qualcomm's case. Back in…

  • Can Attorneys and Technology Professionals Work Together?

    by Stephen Wu on December 15, 2009

    Last week, I attended a terrific conference for attorneys in San Francisco. For a while, I was steeped in the interesting legal educational content of the program, but once I left the conference, I returned to the world in which I usually dwell -- the intersection between law and technology. I realize that a wide gulf remains between attorneys and technology professionals -- one that has…

  • Disputes About Production of Files in Native Format

    by Stephen Wu on December 13, 2009

    It's a familiar dispute in cases involving eDiscovery. One party asks the other side to turn over electronically stored information (ESI) in native file format, and the other party wants to turn over ESI in a different format. By "native" file format, I am referring to the format in which the ESI was created and saved by the application producing it. What if the requesting party and the producing…

  • Lifelogging Devices May Revolutionize Court Testimony

    by Stephen Wu on December 2, 2009

    Business Week recently published an article about a Microsoft researcher, Gordon Bell, who walks around with a device called a SenseCam around his neck that snaps pictures every 20 seconds or so, along with a device that records audio conversations. Click here for the article and here for a related article in TechCrunch. In essence, the device records the daily events of Bell's life, which Bell can…

  • Google Chrome OS Foreshadows Complete eDiscovery Overhaul

    by Stephen Wu on November 23, 2009

    Last week, Google hosted a press event to answer questions about the upcoming rollout of Google Chrome OS. We've heard rumblings about the supposed Microsoft-supplanting technology for years -- a browser-based OS, "your browser is your operating system," "the web browser is the most important program on your computer," use web apps instead of (Microsoft) boxed or pre-loaded locally-operating…

  • Survey Shows More than Half of US Businesses Are Not Prepared for eDiscovery

    by Stephen Wu on November 16, 2009

    On October 21, 2009, Kroll Ontrack announced the results of an eDiscovery readiness survey of "commercial businesses" in the US and UK. Most of the surveyed businesses have a document retention policy, but fewer than half (46% of the surveyed US businesses) say that they have an "eDiscovery readiness strategy." For a link to the Kroll Ontrack press release announcing the survey, click here. You can…

  • Massachusetts Issues Final Data Security Regulations

    by Stephen Wu on November 6, 2009

    On November 4, 2009, the Massachusetts Office of Consumer Affairs and Business Regulations announced that it promulgated final data security regulations to take effect on March 1, 2009. In a previous blog post, I described imminent changes to the regulations and some of the history of the Massachusetts regulations. The final regulations appear at Title 201 of the Code of Massachusetts Regulations, …

  • Amendments to Massachusetts Data Protection Regulations

    by Stephen Wu on October 23, 2009

    Massachusetts' Office of Consumer Affairs and Business Regulations recently amended Massachusetts' identity theft regulations, and last month held hearings on possible new amendments that the Office may issue soon. A copy of the latest version of the regulations is linked here. The latest regulations will take effect on March 1, 2010. A year ago, the Office issued final regulations at Title 201 of…

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