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Symantec eDiscovery

Showing posts tagged with Cloud Computing
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Professional Malpractice for eDiscovery Shortcomings?
pfavro | 09 Jun 2011 | 0 comments

Blue chip law firm McDermott Will & Emery was sued last week for alleged eDiscovery shortcomings.  http://bit.ly/iiKVO1 The complaint (see http://bit.ly/lnEk6E) alleges that the firm should be held liable for the disclosure of 3,900 attorney client privileged documents since it "did not thoroughly review" the privilege review performed by its contract attorneys.  See ¶¶ 9-10.

Regardless of the allegations' merits, this lawsuit should serve as a wake-up call to firms and companies who rely on contract attorneys, particularly for their privilege document reviews.  Privileged materials often contain extremely sensitive information that must be safeguarded against disclosure.  Privilege reviews therefore merit heightened scrutiny.

Without such care, the protections surrounding the attorney client privilege will continue to erode.  Technological...

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Consumer Data Security Breach Underscores Need For Secure Cloud Offering
pfavro | 09 Jun 2011 | 0 comments

Today's news about the consumer data security breach at Citigroup underscores the need for a secure cloud offering.  Citigroup acknowledged today that hackers had penetrated its systems, exposing sensitive data regarding credit card customers.  http://nyti.ms/lZeLBM

Regardless of which systems were hacked, this news supports the need for companies to closely scrutinize cloud offerings for their data storage.  It is not enough for a cloud provider to offer cheap and unlimited storage.  Companies must satisfy themselves that appropriate security measures are in place when data is transferred and stored in the cloud.  Otherwise, sensitive business and consumer information could be subject to disclosure and misuse.

Proper safekeeping measures should include an encryption protocol that provides security for data transfers to and from the cloud.  Multi-layered firewalls that prevent unauthorized access to...

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Court Says No To “Messy Garage” Defense, Orders Production
pfavro | 07 Jun 2011 | 0 comments

Are you looking to the cloud to save costs on data storage?  Great idea.  But look carefully at the cloud offerings out there.  Companies that are going to the cloud should consider whether they can timely retrieve data for legal, regulatory or other business purposes.

This is not a theoretical consideration.  Courts have traditionally rejected what I euphemistically call the “messy garage” defense.  That defense usually involves a litigant informing the court that its disorganized record keeping makes production of requested documents unduly burdensome.  The Brooks v. Macy’s (S.D.N.Y. May 6, 2011) decision from last month is just the latest example of a court rejecting that defense.

In Brooks, an employer was ordered to produce paper healthcare records to the plaintiff in an ERISA lawsuit.  The employer had argued that the records were too burdensome to produce because:

  • The records...
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