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Data Triage Blog

Monthly Archives: March 2007

Zubulake v. UBS Warburg, ZUBULAKE I,

The world was a far different place in 1849, when Henry David Thoreau opined (in an admittedly broader context) that “[t]he process of discovery is very simple.”1 That hopeful maxim has given way to rapid technological advances, requiring new solutions to old problems. The issue presented here is one such problem, recast in light of [...]

Federal Trade Commision – Staff Workshop Report: Technologies for Protecting Personal Information, 2003

Benchmarks and Standards
Panelists discussed the extent to which benchmarks and standards can help provide guidance to industry on the effective management of privacy issues. In particular, such standards have been valuable in providing guidance on how to develop effective security programs.
Several industry groups outlined policy initiatives or programs to promote better information security. For example, [...]

Know What to Ask - Ensuring a Successful E-Discovery Request

Electronic discovery may be at the crux of a case in proving the culpability of the opposing party but when the requesting party is not careful in their request for electronic evidence, they could face the possibility of losing key information that would have otherwise provided a favorable resolution to their case.
When requesting electronic discovery, [...]

Computer Evidence Recovery Plan

Preface and Methodology
A court order may authorize the seizure of a computer so that evidence may be extracted from the computer’s hard drive. This paper outlines five phases required to recover computer evidence data. By following the outlined procedure one would minimize the chance that the extracted evidence could be compromised.
To insure the integrity of [...]

E-Discovery Opens a New World in Drug Litigation

As most large pharmaceutical companies face dozens of lawsuits at any given time, the rapid growth of electronic documents and e-mail has opened up the new legal frontier of electronic document discovery (EDD).
Recent cases have made plain that plaintiffs’ attorneys will attempt any legal maneuver to gain access to drug companies’ internal electronic documents [...]