Related By Tag: preservation

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Information Governance Spotlighted by ICLEF

This post on information governance from Helen Geib, QDiscovery General Counsel, was originally published on LinkedIn here. Please visit the original piece to leave any comment. The Indiana Continuing Legal Education Foundation’s Advanced Corporate Counsel program is an annual state-wide event held this year on August 25-26 at Lake Monroe. The round-table format encourages discussions[…Read More]

Loest & McNamme v. Camera / Broadbent Selections

Plaintiff’s counsel filed a Motion for Sanctions against Defendants Katherine Camera, an individual, and Broadbent Selections, Inc. Defendants’ Counsel Mr. Joseph Marconi and Mr. Victor J. Pioli of Johnson & Bell LTD. successfully defeated those allegations using analysis of Forensicon’s Senior Examiner, Yaniv Schiff.

7th Circuit Proposes New Standing Orders for ESI

Beginning October 1st, 2009, the Seventh Circuit Electronic Discovery Pilot Program entered it’s Phase One Implementation and Evaluation period. During the seven months from now until May 1st, 2010, individual Seventh Circuit judges have agreed to adopt new principles concerning the discovery of electronically stored information (ESI) and implement them in select cases. “The Principles”[…Read More]

Implementing Security Measures at the OS Level

After SoBig and Blaster worms inundated computer systems worldwide, targeting vulnerabilities in the Microsoft systems, Microsoft started to make security one of its priorities. The demand to heighten security at the application level makes sense, as about 90 percent of desktops run Microsoft – meaning if there was a large-scaled cyber attack against this global[…Read More]

Allstate Insurance v. St. Anthony’s Spine & Joint Inst

Defendant’s Failure to Maintain Electronic Records Suggests Negligent Spoliation 2010 U.S. Dist. LEXIS 11475 (N.D. Ill. 2010) In a case brought by an insurance company alleging fraud in insurance claims, the defendant’s failure to maintain electronic patient records was enough to defeat his motion for summary judgment on a charge of negligent spoliation. The insurance[…Read More]

Pinstripe, Inc. v. Manpower, Inc.

On Oct. 25th, 2007, Pinstripe filed suit against Manpower, Inc. and IBM for breach of contract. Attorneys for Manpower immediately drafted a litigation hold, but in January 2009, in-house counsel the company had failed to issue the hold. Further investigation revealed that two employees may have deleted pertinent email data. Forensicon was hired to conduct[…Read More]

Capricorn Power Co. v. Siemens Westinghouse Power Corp.

In this case, both parties requested a preservation order for documents to be used as evidence. Finding no definitive test outlining when to grant a preservation order, the District Court for the Western District of Pennsylvania formulated the following set of factors to consider: (1) the level of concern for the continuing existence and integrity[…Read More]

Data Security – What To Do When An Employee Leaves

Unfortunately for employers, unconditional trust in an employee’s honesty is not a luxury any employer can afford. The Computer Security Institute’s “2003 Computer Crime and Security Survey” indicates that “theft of proprietary information caused the greatest financial loss” and, additionally, 62 percent of those who responded to the survey reported that an insider was involved[…Read More]

Document Retention Policies

Lesson From Andersen: E-Mail Reveals! Develop, Enforce, and Audit Your Document Retention Policy One of the many lessons we’ve learned from the Andersen trial, with its focus on document shredding and the prevalence of such electronic evidence as emails, is not just the potentially incriminating nature of electronic archives, but the liability of inadequate enforcement[…Read More]