Happy New Year! We hope that 2008 brings you and your firm new business development opportunities and prosperity in every way.
With the landscape of e-discovery continuing to change at such a quick rate, we understand how critical it is for you to stay informed and position your practice accordingly in order to best serve your clients.
In 2008, we will continue to provide you, our clients, with useful discovery information and tools. Although it’s unusual for a court reporting agency to take such a genuine interest in the legal community beyond court reporting, we are committed to continue helping our clients in this way.
As always, we welcome your suggestions and comments and we would like to share articles you have written with our readers as well.
Does the determination whether ESI is reasonably accessible turn on the type of medium which stores it? Rules of thumb mistakenly suggest that information on tapes is presumed inaccessible while data on up-and-running servers isaccessible per se. Would that the lines were drawn so bright.
Certainly, the medium which holds data influences the accessibility assessment, but data on ‘readily accessible’ hard drives might be a Gordian knot of unstructured information stubbornly resistant to extraction whereas data on tape proves surprisingly easy to locate and extract. Notwithstanding the helpful observations of theZubulake opinion, you can’t look at the medium of storage alone and categorically conclude that ESI is reasonably accessible or inaccessible. You’ve got to consider the totality of burden and cost.
Law.com has an excellent article discussing several workable approaches for securing data on corporate laptops. A quick look at one list of data breaches illustrates how sensitive data continues to be compromised by unsecured storage on laptops.
It’s a particularly savvy article because its first piece of advice is not to overreact and go overboard — “Draconian laptop-use policies may, ironically, increase an enterprise’s vulnerability.” Consider that employees often respond by finding other ways of circumventing security to make their jobs easier, which usually means making the data more accessible (i.e., less secure).
For instance, blocking files saved to the laptop’s hard drive or limiting e-mail inbox sizes can result in employees saving the data to unsecured thumb drives or forwarding sensitive e-mail to personal e-mail accounts.
Attorney: Have you ever heard of Sigmund Freud?Juror: Yes.Attorney: What have you heard?Juror: He’s in Las Vegas.The Court: I think you’re thinking of Siegfried & Roy, aren’t you?Juror: Oh, yeah, I guess so.Attorney: This guy was a little older than that.