From the President

Our feature article this month centers on cloud computing, which is shifting users from traditional software to the Internet, promising a future of new ways to network everywhere.

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Cloud Computing Complicates E-Discovery Issues

Posted on ediscovery-news.com

Cloud computing is alive and flourishing. It has become the popular technology tool for many who want to shift from local PC/Network computer storage and processing to external computers in “the cloud” (on the Internet) handling these types of services.

E-mail, word processing and financial systems are all examples of information that may no longer exist at a company’s physical site and reside somewhere in cyberspace. Cloud computing technologies, however, can significantly impact the how and where of electronically stored information.

Everyone seems to have their own definition of cloud computing. Simply put, cloud computing is typically considered a subscription-based or pay-per-use service that is provided through the Internet. This also extends to the concept of Software-as-a-Service (SaaS). This includes software applications (e-mail, word processing, etc.) that are provided as a service to company employees via the Internet.
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Musings By A Retired Judge On Discovery References

By Hon. David A. Garcia (Ret.)

Court references are not appropriate for all cases and the authority of the courts to appoint referees or special masters is accordingly limited. Nevertheless, in cases for which the appointment of a referee or special master is appropriate, a reference can assist the parties in achieving economic, streamlined resolution of discovery disputes.

Referee-managed discovery should result in cost savings to the parties, despite the expense of the Referee, because of the procedures that the Referee can implement and impose. This article will discuss the issue in light of California law, but the issues raised are applicable to other jurisdictions. Before discussing the advantages available to resolution of discovery disputes under the supervision of a Referee or Special Master, we should review briefly some basic principles regarding appointment of Referees.
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