"On Jan. 21, 2010, the Wisconsin Supreme Court will hold a public hearing regarding the proposed amendments, with the court’s conference in the matter to immediately follow. The amendments are adapted from the Uniform Rules on the Discovery of Electronically Stored Information and the 2006 amendments to the Federal Rules of Civil Procedure. The new rules are “intended to provide consistency and predictability in the discovery of electronically stored information.” In addition, the rules 'are intended to reduce the economic burden that can result from the discovery involving the enormous volume of electronically stored information.'"
FORENSIC FILES: Clouds on the horizon
"Duplicability is a major concern with ESI (electronically stored information) and the cloud is no different. Multiple copies of records may exist in multiple locations in the cloud. Again, jurisdictional issues could arise and complicate the situation.
Responsiveness and compliance are also areas of concern. What happens when the data is subpoenaed? Can my cloud provider respond effectively to a litigation hold or discovery order? Does my provider's cloud meet any regulatory requirements that apply to my client?
These are all questions and concerns that should be addressed BEFORE committing to a significant use of cloud resources. The service agreement is a good place to start when evaluating cloud providers. It should clearly explain how they would respond to these and other legal requirements."
Clouds: Long-Term Fix for Data Storage Obsolescence
"Given the volume of online data generated every day, IT organizations large and small must confront the well known issue of storage obsolescence.
The good news is that, like all computer-based technology, disk and tape storage is rapidly improving and changing, offering increased density, performance, and reliability. The bad news is that as storage technology changes, the data must be migrated or copied from the current storage to the new storage.
Data migration is a constant personal albatross for many IT administrators, and with good reason. It’s time-consuming, boring, and fraught with potential errors. In other words, it may be necessary, but it is never fun, and it is often treacherous.
This problem is becoming critical as corporate and regulatory compliance, along with e-discovery, force IT organizations to keep data under management longer and longer. In other words, the problem is growing more urgent. Take the example of using tape as an archive medium. As new tape drives and technologies are released approximately every three years, the older tape drives and media are instantly made obsolete."
"The proliferation of e-discovery in civil litigation has radically altered the cost/benefit calculus of initiating and defending actions, particularly for large organizations with terabytes[FOOTNOTE 1] of potentially relevant electronically stored information. The staggering price tag for harvesting, reviewing and producing vast amounts of electronic data has immeasurably increased the in terrorem effect of meritless litigation.
This article proposes a simple measure to rebalance the risks and rewards for parties involved in civil litigation, while preventing the potential abuse of e-discovery to extract nuisance settlements from defendants. Specifically, this article argues that all e-discovery should be stayed during the pendency of any motion to dismiss unless the plaintiff agrees to reimburse the defendant for all e-discovery costs in the event that the defendant's motion to dismiss is granted."
Enterprise Search: Rely On Strategy, Not Keywords
"Enterprise search is all about the ability to find an organization’s electronic information wherever, or however, it may be stored. Much as an Internet search tool is designed to search the World Wide Web for relevant websites, enterprise search is intended to give a company’s employees the ability to recall key information from internal documents, emails, databases, and more. Sounds simple, right? Unfortunately, enterprise search is anything but simple.
“Many organizations have attempted to provide enterprise search by relying on a federated search infrastructure,” says Alex Marshall, VP of technology for Autonomy Corporation. A federated search system is intended to enable users to search varied and numerous databases with one query. It is also intended to display the results of the search neatly packaged in order of relevance. While users dream of such a simple search engine in the enterprise, federated search has yet to prove itself as a comprehensive, easy-to-use solution."
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