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Discovery Digest - Q4 2012

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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Articles

Big news Obama administration provides more framework for federal records management initiative
If attorneys at federal agencies had any doubts regarding the government’s seriousness about moving from paper to electronic files, those questions should be answered by now. A new directive issued in August to the heads of executive departments and agencies “requires that to the fullest extent possible, agencies eliminate paper and use electronic recordkeeping.
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Big news FOIA and eDiscovery—Similar challenges, same solutions
Agency attorneys who oversee eDiscovery can feel the pain of their colleagues charged with responding to Freedom of Information Requests: staggering amounts of information that could be responsive, short timeframes, explicit FOIA exceptions, reviewing for confidentiality and privilege, metadata concerns and a host of other issues. Whether attorneys manage eDiscovery, directly handle FOIA requests or oversee FOIA denial appeals, they can see benefits from sharing knowledge, processes and technology.
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Security IT and legal perspectives on data security
Legal and IT often clash over their different needs and priorities. But in order to ensure that clients' data remains secure, the two groups must cooperate and learn to play nice. In the third of this four-part series, we explore how the two departments can work together on records management, new hardware and software, cloud initiatives and keeping a current data map. In-house counsel may need to take the lead to stay in constant communication with IT and develop good working relationships.
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Ethics The cloud: Ethical obligations for lawyers in the modern era III
While lawyers have always grappled with ethical dilemmas, those have changed significantly in the 21st century. In the third part of our series on Ethical Obligations in the Modern Era, we look at the issues that attorneys face around records management, protecting data and litigation holds for data stored in the cloud.
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Sampling files Deloitte Insights video: Technology assisted review: Leveraging advancements to improve efficiencies
The cost of legal document review has risen due to the significant increase of data that employees generate and store on company servers. This trend has led to the adoption of sophisticated technologies, most often referred to as machine learning, supervised learning or active learning. Watch this episode of Deloitte Insights to learn how this new technology is being leveraged for eDiscovery, and the importance of having specialized knowledgeable people and processes that allow companies to benefit from these advancements.
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Filtering data Social media and eDiscovery: A checklist for practitioners
Social media offers significant benefits for organizations, but it presents unique challenges during litigation. In order to properly plan for, collect, and access social media during discovery, lawyers, discovery specialists, and IT staff should consider a range of issues. This checklist will help to ensure that the legal team collects what it needs in a way that is defensible, practical, and minimizes potential spoliation claims.
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Case law updates

Inhalation Plastics, Inc. v. Medex Cardio-Pulmonary, Inc., 2012 U.S. Dist. LEXIS 121830 (S.D. Ohio Aug. 28, 2012). Inadvertent production results in waiver of attorney-client privilege of 347 pages of emails.

Mailhoit v. Home Depot U.S.A., 2012 U.S. Dist. LEXIS 131095 (C.D. Cal. Sept. 7, 2012). Broad requests for social media content fail to uphold rule 34(b)(1)(A)'s "reasonable particularity" standard.

Multifeeder Tech. Inc. v. British Confectionery Co. Ltd., 2012 U.S. Dist. LEXIS 132619 (D. Minn. Sept. 18, 2012). Court finds defendant in contempt for spoliation, orders $600,000 to be paid to plaintiff and $25,000 to be paid to the court.

As used in this document, “Deloitte” means Deloitte Financial Services LLP. Please see www.deloitte.com/us/about 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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