500,000 Less Hungry by Tomorrow (7/31)

I turn the mic over to Fios' Mary Mack:  (original post here)

I have a request and a challenge for our blackberry enabled, tiny living room we call the ediscovery community. We have the fastest grapevine in the world.  Will you help me use our grapevine to feed our hungry neighbors and collectively achieve a huge goal?

Sometimes in the electronic discovery world, we get so stressed out by how much we have to do that we forget about people who have no work, or very poorly paid work.

I have been honored to work with a group of leaders to give back.  The BHAG (big hairy audacious goal) we chose back two months ago when we started with our group of 17, was to reduce hunger for 500K people, locally, nationally and globally by July 31. July 31 of this year.  Our formal group has expanded to 42 (you’re invited) and the countdown is here.  We wanted to do it without raising funds.

We are, at this writing $7,000 from our goal. Yes, we are raising funds.  But just for about 36 hours.  Donate here.

Mary Mack Keynotes NFPA Institute

Fios' Mary Mack stole the show at the two-day National Federation of Paralegal Associations' Tech Institute in Denver, July 25-26. Mack, corporate technology counsel at the Portland, Ore.-based company, was the keynote luncheon speaker on day 1, and wow'd the crowd with a speech that was both entertaining and jam-packed with substance.

Masters Conference October 16-17th

The Masters Conference will be held in Washington, D.C. Oct. 16-17. Details here.

Nominate your company for 2009 LTN Awards

The July 31 deadline approaches to nominate your company for the 2009 LTN Vendor Awards. If you don't nominate your company, it can't win, so take a moment and do it, today! (Read in voice that sounds like that swarmy GEICO or New York Lottery announcers).

Get the 411 here.

A Proposed 'American Rule' for E-Discovery

The "American Rule" is that each litigant pays their own way. A corollary might be that neither party can shift their discovery costs to the other side, or cause the other side to incur expenses beyond what is "normal" for the case. Do these rules work in an electronic context?

The Tangled Web Mail We Weave and Leave

Although Web-based e-mail works differently than "company" e-mail, where the employer owns the e-mail server, it can be a fruitful source of e-discovery. But all parties need to know the legal and technical limits of where Web mail can be found and the means of producing it.

Interwoven Buys Discovery Mining

One SF Bay Area company has gobbled up another: Peninsula-based Interwoven Inc. has announced that it will acquire Presidio (SF)-based Discovery Mining:

Upcoming Fios Webcast Seminars

Instant Messaging, Preservation and e-Discovery Collection Obligations
Tuesday, July 29, 2008 1:00pm (EST) / 10:00am (PST)
As instant messaging becomes an integral part of conducting business, it has also created a new class of ESI that is subjected to legal discovery. In this one hour webinar, Ronni Solomon, Esq. from King & Spalding will discuss the best practices for organizations compelled to preserve and collect instant messaging and related files during discovery. Click here for more info

e-Discovery Issues for Manufacturing Companies: Managing Product Liability Portfolios
Tuesday, August 05, 2008 1:00pm (EST) / 10:00am (PST)
Fios Consulting staff members Dennis Kiker, Esq. and Peter McLauglin, Esq. will discuss strategies for identifying and relevant ESI across global manufacturing organizations.
Click here for more info

OutIndex announces ProBono Program

OutIndex announces a corporate program focused on children's healthcare. The company provides free electronic discovery processing for pro bono programs and encourages its employees to support non-profit organizations.
Click here for more info

2008 Socha-Gelbmann EDD Survey Sneak Preview

Update: The story's now live on the LTN website.

The anxiously awaited 2008 Socha-Gelbmann EDD Survey executive summary will be published in the August issue of Law Technology News, but here is a sneak preview to whet your appetite.

This year we gathered information from or about 107 EDD services and software providers, and from 29 law firms and 19 corporations.  Using more than 350 qualitative and quantitative factors, we ranked those providers - top overall EDD services providers, top overall EDD software providers, and top EDD providers in various categories.  Although one can, and perhaps should, take issue with the specific rankings, we feel that the providers listed below represent the best of the best, an elite cadre singled out from a field of well over 600 organizations that offer some form of EDD services or software.

Catalyst CR 7.2 gets an updated redaction module

The updated version of Catalyst Repository System's CR 7.2 software includes a Microsoft Corp. Excel HTML viewer, allowing users to view different spreadsheets within a single workbook, including both data and charts. Press release here

Court Applies Civil EDiscovery Rules to Criminal Case

In a case that did not receive a lot of publicity the Court in United States v. O'Keefe, 537 F. Supp. 2d 14, 18-19 (D.D.C. 2008) applied the federal civil ediscovery amendments to a federal "criminal" case.  This was a significant decision in that DOJ's federal prosecutors (over 4000), defense counsel, and others have some guidance from a federal magistrate regarding ESI in the criminal area.   The Court stated:

In criminal cases, there is unfortunately no rule to which the courts can look for guidance in determining whether the production of documents by the government has been in a form or format that is appropriate. This may be because the "big paper" case is the exception rather than the rule in criminal cases. Be that as it may, Rule 34 of the Federal Rules of Civil Procedure speak specifically to the form of production.

What's driving GCs to the EDD party?

From a survey conducted by Ari Kaplan Advisors, sponsored by Fios, Inc., of 28 legal professionals from Fortune 500 corporations, apparently it's not all about the amendments to the Federal Rules of Civil Procedure regarding electronically storied information. Kaplan engaged corporate counsel responsible for litigation in a conversation to spark a dialogue on legal holds, data management, vendor selection, the amendments to the FRCP, litigation readiness, technology and e-discovery cost drivers and gleans some best practices in reducing EDD costs.

Guidance Software launches EnCase on Demand

EnCase On Demand is an online training program developed by Guidance Software from its suite of existing products. The program's main focus is to assist organizations in internal EDD and forensic investigations. Press release here

YouTube, Viacom Agree to Mask Viewer Data

In a nod to privacy complaints, Viacom and other copyright holders have agreed to let YouTube mask user IDs and Internet addresses when Google's online video site hands over viewership records in a $1 billion lawsuit accusing YouTube of enabling copyright infringement.

Onsite3 eView 2.0

Onsite3 reports that it has upgraded its eView platform after receiving client feedback about the need for better review tool capabilities within the platform. Version 2.0 now has multi-role user profiles, customizable batch sizes and flexible review workflow. Press release here

The Sedona Conference heads to Canada

Pack your bags...The Sedona Conference has opened registration for its first annual Canadian program entitled "Getting Ahead of the eDiscovery Curve". The event held on October 23-24, 2008 at the Boulevard Club in Toronto, is only limited to 125 persons. Registration is on a first come, first serve basis. Click here for more info

E-Mail Public Records Get Erased, Disappear

Most states give the public access to government e-mail by law. But what if that e-mail was intentionally deleted or routinely purged? This is cause for concern, but experts say e-mail archiving systems and better training for state employees will help ensure e-mail is not lost.

Online ESI tool OLIVER now has new features

Celerity Consulting Group reports that Oliver, its online viewer tool for producing or reviewing ESI in native format by opposing parties has been integrated with Content Analysts technology. This integration allows for reviewers to find similar documents based on conceptual relevance and the ability to categorize them into groups that are related even if they don't contain specific key words.
Press release here

Hello, Goodbye... Hello

With great warmth we say adios to Katie Montgomery, who heads to Iowa City this summer to begin her English lit Ph.D program. And we welcome LTN's new associate editor, the delightful Nabia Jenkins-Johnston, who will be posting with our team.

Nabia (pronounced Knob-ee-ya) is a recent honors Rutgers grad, who worked with our colleague Jessica Reed on a GC project before transfering to LTN this summer.

Welcome! (We'll post a pix as soon as I take one!)

Wave Software releases Trident 5.0

Wave Software has rolled out an update version of its Trident software. Version 5 has a Native Review Bridge that automatically processes electronic data files in native format, thereby reducing the overall time litigation support teams have to prep data prior to uploading onto a review platform.
Click here for release.

Minimizing the Risk That E-Discovery Failures Will Create Corporate Liability

Judicial tolerance for shortcomings in e-discovery is on the decline, say attorneys Kirby Behre and Mark Koehn. Drawing upon two recent e-discovery disputes, they review ways to minimize the potential for e-discovery liability.

The Scope of Search Warrants With ESI

Computer files are distinct entities, distinguishable from physical evidence, says Ken Strutin, director of legal information services at the New York State Defenders Association. They're dynamic, with changeable content requiring translation to be viewed and understood, where search limiting protocols are essential to curb overbroad examination of electronically stored information.

Unfiltered Orange

Unfiltered Orange is a new section on the Orange Legal Technologies website that harvests news from RSS Feeds, Web Alerts and Industry Newsletter reviewed by industry focused staff to provide an unfiltered look at electronic discovery news.
Press release here

EDiscovery Summer School Webinar

The Sedona Conference continues with its Working Group Audio Series and will present a Case Law Update webinar on Thursday, July 24th 3:00 - 4:00pm (EST). The webinar will discuss a variety of issues being addressed by the Circuit Court of Appeal including the appropriate roles of forensic examination in e-discovery, privilege assertion and waiver along with the application of e-discovery principles to criminal case. Click here to read more.

Gold & Bronze x2

We are thrilled to announce that Craig Ball et moi have won another set of Gold (Craig) and Bronze (moi), last night at the Northeast Regional awards ceremonies for the American Society of Business Publications Editors.

Craig's "Ball in Your Court" June 07 column, "Do It Yourself Forensics," took the gold for Best How-To article.

We are also proud that our October EDD Showcase, anchored by my "An Undercurrent of Fear," article, with photos by our photo editor Russ Curtis, won bronze in the Best Special Section category.

Kudos to the entire LTN team!

Arkfeld's eLawExchange.com

We are excited to launch our new web site Arkfeld's eLawExchange.com (www.elawexchange.com) and its many free resources for the eLaw legal community.

The web site provides FREE access to:

•    State Ediscovery Caselaw and Rules - This database contains ediscovery caselaw and procedural rules from all 50 states. Check back often to see the status of ediscovery law in your state.

Back to Back Gold -- & a Bronze!

We've just received word that Craig Ball's Ball in Your Court column in Law Technology News  has won Gold in the 2008 TABBIES awards, presented by the Trade Association Business Publications International. More than 700 publications competed in this international competition, and it's the second year in a row that Ball snared the top prize for best regular column. Congrats, Craig! Here's his most recent column.

Our EDD Showcase (October, with the anchor reported article, "An Undercurrent of Fear" ) took Bronze in the  "Special Section" category.

Re: Ball in Your Court, the judges said:  "Excellent layout. The writing is a departure from unnecessary legalese, with a nice explanation to the myth of evidence (page equivalency)."

Re: EDD Showcase: "Well balanced editorial, appropriate and applicable for the market it serves; articles well researched to give different opinions. Layout draws reader into topics, lives up to initial promise of magazine."

Here's the 411: http://www.tabpi.org/2008/2008e.htm

Congrats to our LTN team!

FutureTech Podcasts from LegalTech West Coast

They're up! Our "six-pack" of podcasts from the "TomorrowLand" panel of the Law Technology News presents FutureTech track at last month's LegalTech West Coast are now available at Law.com's Law Technology Now site. (You can also find it at the Legal Talk Network, and on iTunes!)

You can listen to the predictions and wisdom from Tom Baldwin, Craig Ball, Doug Caddell, Peter Hsiao, Judith Flournoy, and J. Craig Williams, and download PowerPoints. With a nod to Disneyland's iconic venue, we looked forward to the "tomorrows" of legal technology.

It took quite a team effort to make this happen. First, thanks to our audience for graciously helping us with the bumps and gurgles that happen when trying to record a live program. Your enthusiasm (and patience) was much appreciated as we coped with the Murphy's Law tech problems! We learned a lot that will help future efforts! (OK, cue the cute kid with the big hair and the dog....."The sun will come uuuppp, tomorrow....")

Second, thanks to our amazing speakers, who stepped up to the proverbial plate to deliver amazing content. You are terrific!

Third, thanks to BlueArc, our sponsor of the live program and the podcasts, for joining us on this inaugural effort. (Be sure to visit their website to learn about their network storage offerings). 

YouTube to Disclose Who Watches What, When

Dismissing privacy concerns, a federal judge overseeing a $1 billion copyright infringement suit against YouTube has ordered it to disclose who watches which video clips and when. The data, to be disclosed only to plaintiffs in the case, will not include real user names or e-mail addresses.

Telecommuting Presents an EDD Nightmare

Technology's blurring of the lines between office and home has a dark side: In a survey, nearly 16 percent of telecommuters admitted using personal e-mail accounts to avoid corporate review or retention of messages. George A. Stamboulidis, Ona T. Wang and Alberto Rodriguez of Baker Hostetler discuss how a company guard against ESI that they never see?

Don't Let VoIP Turn Into a Pandora's Box of ESI

Electronically stored information on a VoIP network can prove difficult to delete and cannot be searched easily by subject or text. Without proper planning, a client or company may be faced with thousands of hours of audio data that cannot be easily parsed if production is required. Michael Cukor, director in the Gibbons intellectual property department in New York, and Thomas R. DeSimone, an associate in the firm's intellectual property department in New York, discuss how the adoption of VoIP technology affects our e-discovery obligations.

Review E-Discovery to Reduce Spoliation Risks

Have you ever had the feeling that comes over you when you learn your client failed to retain e-mails pertinent to litigation? Early review of e-discovery with your client allows counsel to better reduce the risk of spoliation claims, as well as effectively manage e-discovery costs.

Three Steps to a Safe Harbor for ESI

A survey of 200 U.S. companies found almost half lack a strategy for electronically stored information in litigation or internal investigations. Attorney Fernando M. Pinguelo and consultant Rob Kleeger look at obstacles to satisfying your ESI obligations and offer solutions.

Subdue the Costs of Document Review

The landscape for document review is changing and the days when lawyers can throw highly paid bodies at the task and bill by the hour are numbered. Consultant Brett Burney says lawyers will have to get more creative in their pricing structures and more comfortable with alternatives.

Fios Upgrades Mail Features

Fios Inc. has announced that it has expanded its data management services, and now can natively process ESI within mailbox file formats, including Gmail or Google Chat. Click here for press release.

Kroll's Ontrack now offers Unicode processing

At LegalTech West Coast, Kroll Ontrack Inc. announced that it has added Unicode processing support and multilingual search features its e-discovery services.

The system now supports Asian languages including Simplified and traditional Chinese, Japanese and Korean. Press release here.

IE Discovery Picked as a "Best Place to Work"

Austin Business Journal recently selected IE Discovery, Inc. as one of Central Texas' best places to work. Click here to read more.

Fios Updates Mack Book

Fios Inc. announces the publication of the latest update of attorney Mary Mack's book, A Process of Illumination: The Practical Guide to Electronic Discovery. Click here to read more.

CommVault releases Simpana 7.0

The upgraded Simpana 7.0 software suite now includes new e-discovery features for maintaining a legally defensibile audit trail. Press release here

LegalTech 2008 - Exhibit Hall

LegalTech West Coast 2008 was a two-day whirlwind of exhibits, demos, programs, parties, and networking.

I'm still on the road, but here's some shots of the Exhibit Hall, by Law Technology News' photo editor, Russ Curtis (www.russcurtis.com).

Thanks to all the vendors, panelists, and attendees who made LTWC 2008 a wonderful experience!

Enjoy!