Case in Point 2010-03-08 05:00:12
March 8, 2010
Idea from Thomas F. Goldman
About ‘Case in Point’ – ‘Case in Point’ is a weekly cartoon series, created by CaseCentral Corporation, that illustrates the lighter side of eDiscovery. ‘Case in Point’ also runs a contest inviting anyone from the expansive eDiscovery realm – lawyers, IT staff, judges, service providers, paralegals, writers and consultants – to submit their own humorous experience or a scenario they find particularly funny. Participants may submit cartoon ideas online at http://www.casecentral.com/caseinpoint/idea for consideration. Readers who see their idea turned into a cartoon will receive a copy of the final cartoon signed by the artist, Tom Fishburne.
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Companies urged to share data breach information
March 8, 2010
Sharing information with law enforcement after a breach is critical to successfully battling increasingly sophisticated and organized cybercriminals, security experts said during a panel discussion at the RSA Conference 2010. The biggest challenge for law enforcement is trying to work with domestic companies victimized by breaches, said Kimberly Kiefer Peretti, senior counsel with the Department of Justice's Computer Crime Section... More (SearchSecurity.com)
Delivering Additional E-Discovery Resources: E-Discovery Zone and ESIBytes
March 5, 2010
To deliver an expanding range of e-discovery resources, EDRM is pleased to re-publish the audio materials offered by e-Discovery Zone Audiocasts and ESIBytes.
e-Discovery Zone Audiocasts
Hosted by Tom O’Connor, Director of the Gulf Coast Legal Technology Center, Browning Marean, Senior Counsel at DLA Piper, and TechLaw Solutions,e-Discovery Zone Audiocasts features interviews of a variety of guests, including industry experts, counsel, attorneys and judges.
To go directly to TechLaw’s e-Discovery Zone Audiocasts page, click here
EDRM is republishing the e-Discovery Zone Audiocasts at edrm.net/2240
ESIBytes Podcasts
Powered by JurInnov and hosted by Karl Schieneman, ESIBytesTM showcases the opinions of electronic discovery experts via downloadable podcasts.
For a list of scheduled podcasts, click here
To go directly to the ESIBytes site, click here
EDRM is republishing the ESIBytes Podcasts at edrm.net/4109
Forensic 4cast: Conversation with Rob Lee
March 5, 2010
"Last Friday I had a conversation with Rob Lee of Mandiant and SANS. We talked about a few things but mostly about the upcoming SANS EU Forensic Summit. Even if you’re not planning on attending it's worth listening to find out what is happening." http://forensic4cast.com/?p=529
CyberSpeak February 28, 2010
March 5, 2010
Interview with Christa Miller about the need for law enforcement and digital forensics specialists to manage their online resumes, plus FreeBSD Tips on SANS Forensic Blog, FireFox Internet History Analysis and more... http://cyberspeak.libsyn.com/cyber_speak_february_28_2010
RSA 2010: FBI appeals to business to help battle online crime
March 5, 2010
The director of the FBI Robert Mueller used his keynote address to the RSA 2010 conference to appeal for greater cooperation between law enforcement and the private sector to fight online crime. He told delegates that the need for cooperation had never been stronger, with online fraud increasing to massive levels and the next generation of terrorists getting online in unprecedented numbers... More (V3.co.uk)
First generation of cyber police joins capital’s force in Abu Dhabi
March 5, 2010
Abu Dhabi has its first batch of dedicated cyber crimebusters. Fifteen police officers, including one woman, have completed master of science degrees at Zayed University with a specialisation in cyber security. They will be equipped with the most up-to-date weapons in their field, following the opening of a new laboratory in the university’s College of Information Technology. Along with a similar lab at police headquarters, the facilities are among the first in the region. They include areas to store evidence and carry out research... More (The National)
EnCase(R) Forensic Wins 2010 SC Magazine Reader Trust Award
March 5, 2010
EnCase(R) Forensic has been recognized with SC Magazine's 2010 Reader Trust Award in the category of Best Computer Forensics Solution. The announcement was made at the SC Awards Gala, held in conjunction with the annual RSA Conference in San Francisco...
Solera Networks Partners with EMC
March 5, 2010
Solera Networks has announced its partnership with EMC Corporation. The companies' technologies will create a network forensics storage solution to meet the growing needs of Fortune 1000 companies and government institutions...
Plan Ahead: Proposed Amendments to Rule 26 Would Extend Work-Product Protection
March 4, 2010
One of the great things about the current rule-making process is the ability to see change on the horizon and adapt accordingly. This year, absent any unforeseen objection or delay, Rule 26 will be amended to extend the scope of the work-product doctrine to encompass draft expert reports and most communications between experts and counsel. Currently, the proposed amendment (and all proposed rule amendments, for that matter) is being considered by the Supreme Court. Pursuant to statute, the Court must transmit prescribed amendments to Congress by May 1st. Thereafter, absent legislation to reject, modify, or defer the rules, the prescribed amendments will take effect as a matter of law on December 1st.
The proposed amendment to Rule 26 would “apply work-product protection to the discovery of draft reports by testifying expert witnesses, and, with three important exceptions, communications between those witnesses and retaining counsel.” The exceptions would allow for discovery of communications between the lawyer and expert regarding: “(1) compensation for the expert’s study or testimony; (2) facts or data provided by the lawyer that the expert considered in forming opinion; and (3) assumptions provided to the expert by the lawyer that the expert relied upon in forming an opinion.”
Among the reasons cited in support of the proposal was evidence of lawyers and experts taking “elaborate steps to avoid creating any discoverable record”, including, for example, the retention of two experts: “one for consultation, to do the work and develop the opinion, and one to provide the testimony…” The Judicial Conference also cited evidence showing that lawyers often devote significant time at deposition attempting to uncover evidence showing that the expert’s opinion was shaped by the retaining lawyer, rather than on the substantive strength or weakness of that opinion. On a more positive note, the Judicial Conference also provided information that the State of New Jersey was successful in implementing a rule like the one proposed and that “practitioners reported a remarkable degree of consensus in enthusiasm for and approval of the amended rule.”
Briefly addressing concerns that the proposed amendment could “prevent a party from learning and showing that the opinions of an expert witness were unduly influenced by the lawyer retaining expert’s services”, the Judicial Conference concluded that “the best means of scrutinizing the merits of an expert’s opinion is by cross-examining the expert on the substantive strength and weaknesses of the opinions and by presenting evidence bearing on those issues.”
The full Report of the Judicial Conference discussing all proposed amendments is available here.