Our “Top 20 … plus more”, a snapshot of interesting blog posts, and views on electronic discovery related issues and other tech developments from the past week.   Sponsored by Applied Discovery.

No doubt you’ve heard the saying about how important it is to have friends in high places. We’d like to throw down the gauntlet once again to say it’s actually more important than ever for lawyers to have friends in online places. Say, perhaps you’re about to select a jury. What better place to find inside information on jurors than their remarks and likes on Facebook, the political rants on their blog, or their quips on Twitter? And thanks to Google’s recent decision to include social media in its search results, all of this information is just a few keyboard strokes away. 

On a more sobering note: don’t assume that silence equals cash on the table! Though we’re sure our own clients – you shining examples you – know better than to stick their date with the bill, it seems one company forgot to be the perfect gentleman when it came to the production of e-discovery. 

As always, we hope you enjoy our content and welcome your feedback. 

Jon Resnick  /  Worldwide Vice President, Field Operations and Marketing

Trending Now

• I’ve Got Friends in Online Places by Jon Resnick
• ABA Information Security Committee Launches Smart Grid Working Group By Boris Segalis
• 5 Reasons for Larger Email Inboxes By Ian Huynh
• Top Six Security Questions Every CIO Should Ask a Cloud Vendor by Ed Fisher
• Performing Quality E-Discovery Searches: Is it Time to Set Some Standards? (Podcast) With Sharon D. Nelson, Esq., John W. Simek & Jason R. Baron
• Ten Key E-Discovery Issues to Watch in 2011 (PDF) By David J. Lender and Hon. Andrew J. Peck
• Scheindlin Strikes Again: Commentators React to Metadata Ruling By Monica Bay
• It’s Not All About Judge Scheindlin By Mark Diamond
• Davis v. Grant Park Holds That Sanctions Motions for Breach of Duty to Preserve Electronic Communications are Premature Until the Close of Discovery By Jennifer Marino Thibodaux
• Court Refuses to Read Silence as Agreement to Pay Opposition’s ESI Costs By Anthony P. Chan
• New eDiscovery Billing Codes from Ledes Committee By Greg Buckles
• The e-Discovery 4-1-1 By LeClairRyan Discovery Solutions Practice (DSP)
• Avoiding E-Discovery Heartburn (PDF) By Dante Stella
• E-Discovery from Social Networks Becomes the Norm By Lora Bentley
• Court Finds Pictures Downloaded from MySpace Inadmissible By Suzanne Herrmann Brock
• FINRA Digs Deeper on Social Media By Chad Bockius
• Disposition, Discovery and Dodd Frank By Katey Wood
• Privacy, Data Security, and eDiscovery Issues Are Spreading to Other Areas of Law By Stephen Wu, Esq.
• How Sampling Can Reduce Your eDiscovery Burden By Michael Kramer
• Blind CCs and “Replies to All” – An Email Trap for the Unwary Attorney By Scott J. Etish
• Metadata “presumptively producible” in FOIA Requests. By Paul Stanfield
• Is Metadata a Public Record? An Analysis Under Federal FOIA By Kara Millonzi
• Do Attachments Need To Be Produced With Email Messages? By Barry Murphy
• eDiscovery is here to stay By Johannes Scholtes
• My Partner is Invading My Privacy, or How I Learned to Stop Worrying and Love My iPhone By Eric Abes
• Ga. Judge Allows Witness to Testify via Skype By Greg Land
• ZIP Codes Have Been Added to the List of Personal Identification Information by the Supreme Court of California By Arent Fox LLP

Tech & E-Discovery

• Flash-based solid-state drives nearly impossible to erase By Woody Leonhard
• Why ‘Watson’ Matters to Lawyers By Robert C. Weber
• Lawyers as sponges and thieves By Larry Ribstein
• Singularity, Computers, and the Law By Ralph Losey
• Using Predictive Coding – What’s in the Black Box? (Podcast) With Karl Schieneman, Dr. Jaime Carbonell, Vasco Pedro, & Herb Roitblat
• Search-Based Applications: Smoke and Mirrors or Real Innovation? By Paul Doscher
• BYOD to work but be prepared for remote wipes and legal holds, says Unisys By Jaikumar Vijayan
• Making the Case for Information Governance By Barclay Blair
• Report: The World Needs To Wake Up To SAAS By Chris Preimesberger
• E-Discovery Issues Might Grow Inside the Cloud By Jeffrey Ziplow
• RSA Conference 2011 Roundup: GRC in the Cloud, Mobile By Vivian Tero
• Is Your Organization Insured Against Data Loss? By Sabrina Houlton
• Could Your Firm’s E-Mail Policy Run Afoul of the Federal Wiretap Act? By Philip L. Gordon

Social Media

• Searching for Details Online, Lawyers Facebook the Jury By Ana Campoy and Ashby Jones
• If You’re Not Using Facebook, You’re A Bad Lawyer By Kashmir Hill
• Short, Sweet and Simple: For Social Media Policies, Simpler Is Better By Douglas J. Wood
• Social Media Access May Cause Governance Problems By Eric Doyle
• Facebook Feature Could Ease Cloud-Based EDD By Craig Ball
• N.Y. Courts Grapple With Discovery of Social Media Posts By Shari Claire Lewis

E-Discovery Events

One of the ways you can learn about e-discovery and all the technology out there is by going to a conference near you.   Most offer free admission to the exhibit hall (those that have exhibit halls) where you can meet technology vendors, collect information, see the technology at work behind e-discovery, etc. 

• Argyle Executive Forum: Chief Legal Officer Leadership Forum: Spring Event
  March 9, 2011
  New York, NY
• Executive Counsel Institute
  March 14-15, 2011
  San Francisco, CA
• ACEDS Annual E-Discovery Conference
  March 23-25, 2011
  Hollywood, FL
• Q1 Productions: e-Discovery for Pharmaceutical & Medical Device Corporations Conference
  March 28-29, 2011
  Boston, MA