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Discovery Digest - Q1 2013

The Discovery Digest is the definitive source of discovery news. This quarterly e-newsletter is packed with information on discovery “hot topics,” recent case law, and upcoming events.

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Deloitte Discovery awarded an ATO
Deloitte recently received an “Authority to Operate” (ATO). The ATO was awarded after a comprehensive review of Deloitte’s information management security policies and IT infrastructure.
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Discovery insights
Jack Walker of Deloitte Discovery answers the questions that many attorneys are asking about predictive coding, then offers his perspective based on recent client engagements and more than 20 years of experience in legal discovery.
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The intersection of forensics and eDiscovery
Computer forensics, also known as digital forensics, relates to the legal evidence found in computers and digital storage media. In the first of this two-part series, we’ll explore the nuts and bolts of what is involved when computer forensics meets eDiscovery.
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Practical eDiscovery in the cloud
Just when many attorneys felt like they were getting their arms around eDiscovery, along comes a new challenge—the cloud. When potentially responsive data resides in virtual environments, rather than on a server or custodians’ laptops, eDiscovery can become even more difficult, expensive and time-consuming.
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The IRS collections division takes a fresh look at eDiscovery
The Collections Division of the Internal Revenue Service is taking another look at its eDiscovery obligations and processes. This article outlines a recent memo that clarifies eDiscovery procedures to help agency attorneys in this division manage the enormous amounts of data generated during tax disputes with individuals and corporations.
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ITC advances Discovery reform
The International Trade Commission has issued a Notice of Proposed Rulemaking "to reduce expensive, inefficient, unjustified, or unnecessary discovery practices in agency proceedings while preserving the opportunity for fair and efficient discovery for all parties." This article provides a summary of the notice and explores implications of the proposed rulemaking.
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How to manage data security during eDiscovery IV
In the midst of litigation, lawyers not only need to keep the data secure, they need to make sure no aspect of it is altered and that the chain of custody remains completely unbroken. In this 4th of a four-part series, we examine the challenges that eDiscovery poses to data security.
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Case law updates: 

FTC v. Boehringer Ingelheim Pharmaceuticals, Inc., 2012 U.S. Dist. LEXIS 148251 (D.D.C. Oct. 16, 2012). Defendant to conduct a search of the at-issue backup tapes and to produce any non-privileged materials.

Day v. LSI Corp., 2012 U.S. Dist. LEXIS 180319 (D. Ariz. Dec. 19, 2012). Citing General Counsel's willful failure to preserve, as well as other violations, court orders partial default judgment, adverse inference instruction, and monetary sanctions.

As used in this document, “Deloitte” means Deloitte Financial Services LLP. Please see for a detailed description of the legal structure of Deloitte LLP and its subsidiaries. Certain services may not be available to attest clients under the rules and regulations of public accounting.

While the information in these articles may deal with legal issues, it does not constitute legal advice. If you have specific questions related to information discussed in these articles, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation.