Showing Blog Posts: 61–70 of 89 tagged Law

  • Pension Committee Case Changes eDiscovery Landscape

    by Stephen Wu on March 18, 2010

    United States District Judge Shira Scheindlin in Manhattan's federal court has been as one of the leading lights in the federal judiciary in the field of electronic discovery since her landmark Zubulake v. UBS decisions in 2003 and 2004. This year, six years after her Zubulake decision about attorneys' affirmative duty to monitor compliance with the eDiscovery rules, Judge Scheindlin issued…

  • New Information Security Lawsuit -- Why Now?

    by Stephen Wu on February 16, 2010

    Over the years, many have doubted whether we will see substantial, real-dollar information security lawsuits. Some said that companies don't want to be embarrassed by filing suit and having to admit in their complaints that they've been hacked. Others said there's no money in it for potential plaintiffs (and plaintiffs' attorneys). In my opinion, I always thought we'd see plaintiffs filing cases…

  • “Ten Commandments” of eDiscovery

    by Stephen Wu on February 9, 2010

    My colleague, Steven Teppler, recently spoke at the LegalTech New York trade show on eDiscovery and digital evidence topics. After attending the show, Steve posted a listserv mail concerning an interesting presentation at the show entitled "The Ten eDiscovery Commandments." The presenters were U.S. Magistrate Judges Frank Maas and Andrew Peck (both from the Southern District of New York). …

  • Summary of Selected Encryption Laws

    by Stephen Wu on January 23, 2010

    This month, I updated a white paper entitled "Summary of Selected Encryption Laws." The white paper will be an appendix in a forthcoming book to be published by the American Bar Association Section of Science and Technology Law on data protection. The white paper summarizes selected encryption-related federal and state statutes, regulations, and regulatory guidance. The original version of this…

  • 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…

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