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Summaries, news and resources relating to eDiscovery in Delaware and beyond.
Showing 5 posts in Document Management.
Case Spotlight: TCV VI, L.P. v. TradingScreen Inc., 2018 WL 1907212 (Del. Ch. Apr. 23, 2018) (Laster, V.C.)
Philippe Buhannic is a founder of TradingScreen Inc. (the “Company”) and was formerly its CEO and Chairman of the Board. His brother, Patrick Buhannic, was also formerly a director of the Company. In 2014, plaintiffs filed this action alleging that defendants had breached their fiduciary duties when determining how much of plaintiffs’ preferred stock to redeem. Morris, Nichols, Arsht & Tunnell LLP (“Morris Nichols”) represented all defendants through trial, including Philippe and Patrick (together, the "Buhannics"); however, during settlement negotiations, it became clear that the Buhannics were adverse to the other defendants. In response, Morris Nichols withdrew as counsel to the Buhannics and advised the defendants that it could not participate further in the settlement negotiations. More ›
When people think of high risk data, most think of Personal Health Information and Personally Identifiable Information as it relates to HIPAA and the health care industry, but Steve Shebest's very informative article "High Risk Data: Have a Plan!" explains how high risk data can also be found in the financial, commercial, transportation, industrial, and other highly regulated sectors.
The cost of a breach, which is more likely to occur during the discovery process, can be high and can take the form of not only monetary costs, but also indirect costs such as reputational loss and diminished goodwill among customers and the public. In order to mitigate the risk of data breach, it is critical to understand the three weak points of the discovery process (at collection, at data transfer, and once in the hands of third parties such as vendors and partners) and proactively implement a plan, both internally and with business partners, to minimize the risks.
Some of the strategies suggested are performing targeted collections to either eliminate the need to collect high risk data or at least reduce and identify it (in order to subject it to a different workflow), making sure data is encrypted during transfer, and having in-depth discussions with partners and vendors that address any potential weak points in the way they process, host, review, and produce the data. All of these strategies should be used proactively, at the outset of an engagement, rather than waiting for a breach to occur.
The ultimate lesson is that in the midst of sometimes frantic eDiscovery, counsel cannot lose sight of the importance of data transfer security, having a strong contract with a vendor outlining security duties, and an awareness of what is actually being harvested from the client.
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.
In case you missed it, KMWorld recently announced its 100 Companies That Matter in Knowledge Management. Many of those on the list are familiar names, with offerings familiar to the eDiscovery world, but many are unfamiliar names with unusual offerings. Among the 100 are at least a handful of true pioneers that will pierce new dimensions at the intersection of knowledge and technology (or plant the seeds to do so), transforming the way we coexist with our technologies. As the technological landscape transforms, data and information hunter-gatherers (we) should pay attention.
eDiscovery is fundamentally concerned with hunting down then gathering records and naturally overlaps with Records Management (RM). Knowledge Management (KM), on the other hand, is concerned with putting the information in an organization's records to their best possible use. An organization's KM efforts drive data structures and records management. If you want a glimpse at how eDiscovery will be conducted tomorrow, keep an eye focused on the bleeding edge of KM. Today's internal wikis, blogs, IM clients, enterprise search, and intranets will be replaced with new tools that use and store data in new, more complex ways.
We still haven't figured out how to simply and cost-effectively collect and review email and office documents. Yet we are a on the edge of bold new frontiers. Of tangled, organic data jungles, where algorithms are continuously applied to extract meaning from organizational information, data is mashed up and remixed in countless and novel ways to tease out meaning, and cloud storage structures make the whereabouts of specific data as easy to predict as the location of an electron. All that may not even approach the complexity created when we finally develop quantum computing.
Bring it on. w00t!
This is apparently a 15-year-old ZyLAB promotional video recently posted on YouTube. The video covers some eDiscovery related technologies, including OCR, fuzzy searching, and automatic bates numbering. I figured all you eDiscovery geeks would enjoy this peek into the past. The eDiscovery specific stuff starts at 3:41.