May 6th, 2009 
posselist A large company is involved in a commercial litigation dispute that requires the collection and production of electronically stored information (ESI) maintained by its offices in the United States, Europe and Asia. During the Rule 26(f) conference, the parties discuss a variety of topics but do not discuss the fact that the large company intends to use keywords to search its servers for responsive ESI. Upon learning that keywords were used to identify responsive ESI, opposing counsel…
May 6th, 2009 posselist Electronic case management and filing by lawyers is increasingly standard practice in both federal and state courts. In the federal courts, the electronic case management and filing system, known as CM/ECF, began in the bankruptcy courts in 2001 and progressed to the district courts in 2002 and to the courts of appeals in 2004. The shift in the New York federal courts is almost complete. Although there is federal regulation governing CM/ECF filings, like much federal practice, local rules…
May 6th, 2009 posselist Technology has a way of changing faster than our laws and rules, but the present versions of those rules appear this time to adequately cover ESI no matter what software or communication system is used to create and send it. The rise of Twitter, FaceBook “Updates” and other social media systems for communicating outside a company’s firewall should cause most IT directors and risk management executives many sleepless nights. These systems are not under your control, the data is…
May 6th, 2009 posselist Log onto any technology blog, attend any technology conference, or open any technology related article and chances are you will find at least one discussion of “cloud computing.” Check any second one, and you will probably find another discussion, but with a different definition of cloud computing.
Despite the confusion over the term “cloud computing,” the consensus seems to be that everyone is doing it. The companies offering cloud computing services are some of the biggest and…
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