Duty to preserve-Wells quotes Redish

Another electronic discovery decision was issued from the Florida Court, as reported by ediscoverylaw.com. Justice Wells, in a concurring opinion, quoted liberally from Electronic Discovery and the Litigation Matrix, 51 Duke L.J. 561, by my former law professor, Marty Redish. Always on the cutting edge, as he dissected the issues in the Federal Rules of Civil Procedure as applied to electronic discovery prior to their revision, Redish included a discussion of 2005's hot topic of whether there should be a strict liability retention standard for electronic information and what should trigger the duty to preserve. Zubulake standard is when the suit is just a twinkle in the eye (ok, maybe a little after that). Sounding downright practical, Redish argued that the duty attaches at the Request for Production stage of a lawsuit.

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Email lifecycle

Sue Clarke from Butler advises in the ARMA newsletter that no email solution integrates security, lifecycle management and business policies

.... senior executives still fail to realise email can be dangerous if used improperly....
It cannot be assumed that employees realise the implications of deleting emails, or even which emails need to be retained, and this task must not be left in their hands," warned the analyst group.

Fios listens to a lot of compliance, records and IT folks who just want to make sure they have a copy of the entire mailbox (including deleted items) of their senior execs just to "protect" them. Some even propose doing it under the radar, "just in case". This is an area which needs some serious sorting out and training.

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European Commission draft--retain internet telephony

The EDRI-gram newsletter reported on the release of the new EU Commission explanatory memorandum on data retention, July 20, 2005 (16 pages, PDF).

ยท "The European Commission has finally produced its draft directive on data retention. According to the Commission, all fixed and mobile telephony traffic and location data from all private and legal persons should bestored for 1 year. Data about communications 'using solely the internet protocol' should be stored for 6 months."


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Evidence Management Lifecycle

Fios and Interwoven just had our inaugural webcast showcasing our joint solution for preservation.

The webcast will be archived here.

We had a great question and answer session and I promised some citations:

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Data, data, everywhere

Great article by Alan Brill and Jason Paroff of Kroll Ontrack on preventing data theft in Computerworld. In our world, we need to drill down on the concept of legal holds, compliance and the release of obligation for retaining the data. The article provides a practical framework for framing discussions with technical people.

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