Showing 4 posts from April 2010.

In Defense of Genger: Background

Ages ago by internet standards (late February), hosted a two-part post criticizing the Delaware Court of Chancery's decision in TR Investors v. Genger.  Post author Leonard Deutchman, General Counsel at LDiscovery LLC, asserts that the Court got the decision wrong because it (1) doesn't understand the technology involved and (2) doesn't understand the law of eDiscovery.

I have been chomping at the bit to post a reply but have been consumed with finishing the 70-page (not including appendices) internal Morris James eDiscovery Protocol that overlays the EDRM with project management principles, and the accompanying 6-hour training course, but I digress...

Before I post my defense of the Genger decision, it would be useful for all my loyal readers (primarily my mother and wife) to first read the articles criticizing the Genger decision.

Part I:

Does Discarding Unallocated Space Deserve Contempt?

Overwriting deleted files leads to sanctions for 'international man of mystery'

Part II:

Seeking Legal Ground in Unallocated Space

Absent an obligation to preserve data, can a party be faulted for destroying it?

I will give you all a few days to get through these posts before I post my defense.  Cheers!

Hitler Explains Why RIM Matters

UPDATE: Now I'm ticked! The video below, and all other Hitler "Downfall" parodies, have been pulled from YouTube.  The removal comes per a takedown demand issued by the film's owner Constantin Films, claiming the videos infringed on the copyright. Boo! Hiss!

I am not an IP attorney, so this is not legal advice, but it seems to me that these videos are fair use of copyrighted material.  What's more, Constantin Films clearly does not understand social media—I added Downfall to my Netflix queue because of these parodies.  I otherwise never would have heard of the film.  Constantin Films: THESE VIDEOS ARE HELPING YOU! DUH.

Then again, this takedown dustup is creating even more publicity...hmmm...


ORIGINAL POST: Yesterday, on the e-Disclosure Information Project blog, Chris Dale's post Hitler and Cloud Computing Security gives us a super discovery-related entry in the crowded and growing "Hitler and..." series of spoofs.  I can't get enough of these videos and was giddy <!-- That's right, I said giddy.  I'm easily amused. --> to find a related gem on YouTube just days ago, in which Hitler laments the exclusion of records management from the discovery process.  Brilliant.


[VIDEO] "I'm From Delaware" Song

This video has nothing to do with eDiscovery, but it does have to do with Delaware so it's in.

I'm not turning this into a vblog.  I have a few longer posts I'm working on and posting videos is an easy (and amusing) way to keep up activity while I finish writing.  More on that in a day or two...

Disaggregation, Unbundling, and Document Review

I believe I found this video by way of Ryley Carlock's Litigation Unbundling Ramp in Legal OnRamp.  In it, Paul Ward briefly discusses the merits of "smart review"...