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Discovery Digest - Q2 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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Seeing into the cloud: How to mitigate potential ethical and security issues
Recent government security initiatives are beginning to sound a lot like alphabet soup—FISMA, NIST, FedRAMP, FIPS, and the list goes on. These security initiatives for information technology (IT) represent a fundamental shift in the way that agencies manage data, and they will have wide-ranging impacts across agencies for lawyers involved with litigation, particularly the eDiscovery phase.
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Deloitte earns first-ever authority to operate for litigation support systems
Deloitte has been awarded the first-ever Authority to Operate (ATO) for litigation support systems from the U.S. Department of Labor. The ATO will allow Deloitte to host litigation data for the agency outside its firewall as it transitions into the cloud under the Office of Management and Budget's Cloud First policy. 
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Data management: Are you prepared for a lawsuit?
Your company is named in a lawsuit and, as part of the discovery process, the plaintiff asks for all email correspondence and other data relating to one particular topic. Unfortunately, your company does not have data inventories. This article discusses how CIOs can impose order on unstructured data and loose files that bedevil legal defense efforts.
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How to lower eDiscovery costs
In a litigious world, massive data stores present a formidable challenge to some enterprise legal departments. This article explores how CIOs can work with legal and records management to more effectively manage growing data stores and help contain soaring legal expenses.
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Working with IT and records management to prepare for eDiscovery: A checklist
When in the midst of discovery, it takes preparation, planning and foresight to preserve and collect data that maintains proper chain of custody requirements. Here are some tips for ensuring that eDiscovery processes and procedures will be defensible, cost-effective and efficient.
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Judge rules SEC does not need to restore deleted files in Federal Records Act case
The U.S. Securities and Exchange Commission adhered to federal records laws when it destroyed records related to initial inquiries into the Bernie Madoff case and other high-profile investigations, according to a recent ruling.
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Dynamic Review: Document review in new perspective
As the volume of electronically stored information increases at an exponential rate, many organizations are looking for new ways to manage document review and reign in escalating costs.  Meanwhile, advanced analytics techniques such as predictive coding are opening the door to new opportunities for corporate legal departments, government agencies, and outside counsel looking to make sense of this growing mountain of information.  
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Case law updates: 

Branhaven, LLC v. Beeftek, Inc., 2013 U.S. Dist. LEXIS 13364 (D. Md. Jan. 4, 2013) - counsel sanctioned for "callous disregard for their responsibilities" during discovery portion of case.

Peerless Indus. v. Crimson AV, LLC, 2013 U.S. Dist. LEXIS 2985 (N.D. Ill. Jan. 8, 2013) - Defendant's reliance on a vendor for collection was "insufficient".

Juster Acquisition Co., LLC v. N. Hudson Sewerage Auth., 2013 U.S. Dist. LEXIS 18372 (D.N.J. Feb. 11, 2013) – Court denies motion for protective order and cost-shifting for request to use 67 search terms.

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.

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