Will Spoliation Insurance Change How Judges Rule?
On Dec.2, the Lexington Insurance Company started selling a new product–spoliation insurance. No, spoliation is not misspelled, and no, it’s not a witty descriptor for what’s likely to happen inside...
View ArticleBeware: Your Facebook Posts Could End Up in Court
Social networking posters beware…your Facebook and other social media accounts may be seen by more than just your friends; in fact, what you post and tweet could become court evidence. But many of us...
View ArticleMetadata should be included in federal FOIA response
A recent federal court decision, Nat. Day Laborer Org. Network v. United States Immigration and Customs Enforcement Agency, 2011 WL 381625 (S.D.N.Y. Feb. 7, 2011), has set the expectation that certain...
View ArticleIn eDiscovery, Spoliation does not require purposeful destruction of evidence
In a recent decision, Rosenthal Collins Group, LLC v. Trading Techs. Int’l, No. 05 C 4088, 2011 WL 722467 (N.D. Ill. Feb. 23, 2011), the court ordered the plaintiff to pay $1 million in sanctions, and...
View ArticleHow do you keep the ESI skeletons out of your closet?
A blog post written by Jim McGann of Index Engines on May 4th zeroed in on an interesting topic; how to keep ESI skeletons out of your corporate closet. In his post Jim writes: Law firms and...
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Is the popular Dropbox file sharing application a huge eDiscovery risk?
First let me say the Dropbox file sharing program is one of the greatest applications I’ve run across in a long time and to date has approximately 25 million users world-wide. What is Dropbox? Dropbox...
View ArticleThe duty to preserve ESI is not always cut and dried
The amendments to the Federal Rules of Civil Procedure (FRCP) describe the duty to preserve potential evidence when litigation can be reasonably anticipated. The term “reasonably anticipated” is a key...
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Encrypted and hidden files put eDiscovery at Risk
There are some pretty nice freeware applications available that allow a user to encrypt and hide files/data/electronic records in plain sight on their computers. Can this pose a problem for IT and...
View ArticleTime for Information Managers to Get their Planning Hats On: A Reaction to...
One of the results of the 2012 Iron Mountain Compliance Benchmark Report that surprised me was the lack of Records and Information Management (RIM) Planning. 74% of us have no plan in place or vision...
View ArticleEven the Vatican Has to Be Mindful of Compliance Regulations
Compliance is important for every organization, from a small business with five employees to one as massive as the Vatican. Particularly when it comes to finances, it is important for a business to...
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