Information Governance (InfoGovernance) is the specification of decision rights and an accountability framework to encourage desirable behavior in the valuation, creation, storage, use, archiving and deletion of information. It includes the processes, roles, standards and metrics that ensure the effective and efficient use of information to enable an organization to achieve its goals. Information governance should be an element in planning an enterprise's information architecture.

(Gartner Hype Cycle for Legal and Regulatory Information Governance, 2009, December 2009).

An Engagement Area (EA) is an area where the commander of a military force intends to contain and destroy an enemy force with the massed effects of all available weapons systems.

(FM 1-02, Operational Terms and Graphics, September 2004).

Wednesday, December 9, 2009

Weekly eDiscovery News and Views - December 9, 2009

Provided for your review/use is this week's snapshot update of key industry news and views highlighting key electronic discovery related stories, developments, and announcements.

eDiscovery News

Context for Applying Discovery
  1. Admissibility of Email Strings and Co-Conspirator Emails -
  2. California's New E-Discovery Rules vs. The FRCP -
  3. Court holds that Metadata is a matter of Public Record -
  4. Canada - Case Report – Federal Court Comments on Confidentiality of Drafts -
  5. E-Discovery Blog Roll - Where To Find More About E-Discovery, ESI, and Info Management -
  6. E-Discovery Project Management: The Devil is in the Details
  7. ESI in 2010: Trash or Treasure?
  8. European Competition Review Nov 2009 - Articles/Updates related to Competition Law from Europe
  9. European Union Agrees to Access by U.S. Anti-Terrorism Authorities to Personal Data in Europe -
  10. European Union E-Discovery Rules: What Every Attorney Should Know -
  11. Failing to follow Rule 34 procedures can result in having to produce ESI a second time in different format
  12. Finding Back-up Tapes "Not Reasonably Accessible" Court Declines to Compel Restoration of All but One Tape -
  13. Illinois Practice: Documents Produced by Your Opponent Must Still Be Authenticated -
  14. Mistrial in Case of Blogger Accused of Threatening Judges -
  15. N.J. Supreme Court hears arguments on the privacy of personal e-mails on work computers -
  16. Privilege in Private E-Mail at Work -
  17. Saving E-Discovery Money with Hit by Term Reports
  18. Seventh Circuit Adopts Set of Principles and Standing Order for Handling E-Discovery -
  19. The Cost of Silence in a Social World -
  20. The Defense Advanced Research Projects Agency:  Spy v. Spy on Facebook:
  21. The e Discovery Goat Rodeo -
  22. The Fourth Amendment and Email -
  23. The Search for Professionalism in the Changing World of Electronic Information -
  24. Qwest GC: Alternative Billing Deals Have Been a 'Colossal Train Wreck' -
  25. 2009 U.S./EU Safe Harbor Conference -
Content for Understanding Technology
Vendor Views

Industry Landscape

Case Summaries

Case Law and EDD via DiscoverApplied (@discoverapplied)
  • Case Summary: A plaintiff motion for expedited discovery granted upon condition that plaintiff pay defendant $300K
  • Case Summary: Plaintiffs who failed to request production of edocs with metadata intact until after defendants had...
  • Case Summary: Plaintiff's forensic computer analyst permitted to make forensic images of defendant's database servers -
  • Case Summary: The court rejected defendant's argument that the cost of production of ESI would be even greater if...
  • Case Summary: Although defendants were ordered to pay their cost of producing edocs, plaintiffs were ordered to pay...
  • Case Summary-Because of undue burden/cost, defendants not req to retrieve email from 2500 b/u tapes @ est. cost $1.5M
  • Case Summary: A magistrate judge sanctioned plaintiff for delay in supplementing its initial disclosures on damages.
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