google's disruptive feature

Google recently announced that from now on Gmail users can set their own custom sent time. This could be very disruptive to ediscovery's most popular embedded metadata "email sent time" if enterprise communication applications like Outlook, Lotus Notes etc adopt this. On one hand it was the number one requested feature by users on web because users have to participate in contests, they miss deadlines etc. But on the other it will make tracking email chronology nearly impossible.

Backup and storage trends

With ever increasing complication and data explosion the data backup strategies are folding and unfolding complexities in newer dimensions. There is data explosion, then there are increasing recovery demands in form of litigations, investigations, attrition and need for better compliance and transparency. As a result the backup windows are getting shorter. And to top it all is limited IT budget. Some of the important aspects in 2008 would be
1) The retention and the data discovery market is composed of a complex set of interrelated and interdependent technologies.
2) The archival errors, crashes and missing information are difficult to troubleshoot
3) There are too many approaches for retention and discovery (LAN free, On Tape etc.) which drive technologies and in turn are drive by technologies
4) There is more data to back up than ever before
5) With global clients and locations there is less planned downtime during which to complete backups. The tussle between IT and business folks over this common place.
6) Business owners want more frequent backups and faster restores. No one wants a 24 hour dataloss in an unplanned downtime.
7) IT operations must improve backup and restore service with its existing budget. A big chunk of IT budget goes into maintenance of running infra. Storage budget is normally less than 10%.

Error by FTC Reveals Whole Foods' Trade Secrets

This incident, though may not be directly related, underlines the importance of havng robust processes and tools to handle legal discovery

Universal Law Commission (ULC) approves uniform e-discovery rules in civil cases

The primary purpose of the new uniform rules, approved on August 2nd 2007 by Universal Law Commission (ULC), is to provide states with up-to-date rules for the discovery of electronic documents in civil cases.

The Uniform Rules provide procedures for parties in a civil case to jointly follow relating to a number of issues, including the preservation of the electronic information; the form in which the information will be produced; and the period of time in which the information must be produced.

The Uniform Rules limit the sanctions which may be imposed on a party for failure to provide electronic information that has been lost as the result of routine operation of an electronic information system. This rule applies to information lost due to the routine operation of an information system only if the system was operated in good faith.

The Uniform Rules address the unique difficulties in accessing some electronic information by providing certain restrictions on its discovery. For instance, a party may object to discovery of electronically stored information on the grounds that the information is not reasonably accessible because of undue burden or expense. However, the court may order discovery of such information if it is shown that the likely benefit of the proposed discovery outweighs the likely burden or expense, and may allocate between the parties the expense of conducting the discovery.

Please go through the link for detailed information

[Primer]: Legal Discovery - Law.com

This articlet on Law.com explains the impact of new federal rules governing electronic discovery.

More specific information on FRCP impact on electronic discovery is available at the sites of larger e-discovery vendors like sites like Fios and Stratify

Sloppy e-discovery can cost you millions: ComputerWorld Australia

Very Interesting Article on Legal Discovery

1: Recent surveys show that the average U.S. company faces 305 suits at any one time; that number jumps to 556 for companies with US$1 billion or more in revenue.

2: 95 percent of all business communications now are created and stored electronically.

3: on Dec. 1, 2006, when amendments to the Federal Rules of Civil Procedure (FRCP) went into effect. The new rules require opposing parties to discuss e-discovery issues within 120 days of a lawsuit's filing.

4: If the opposing side can prove the litigation hold was not implemented properly, the result can be devastating.