Magistrate Judge Joe Brown’s ruling in Bridgestone marks another win for predictive coding as a way to efficiently review large data sets, but in my opinion, the most interesting part is the Court’s emphasis on “openness and transparency.” The Court has ordered “full” cooperation, including disclosure of “seed” documents―the responsive and non-responsive documents used to teach analytics software how to code the remaining documents. You can read the full Bridgestone order here.
Legal Tech Blog
The Administrative Office of the U.S. Courts reports that citizens in several federal court districts have been targeted by a new scam, in which the victim is asked to disclose Social Security number, driver’s license number, date of birth, cell phone number or other sensitive information. The fraudulent request claims to be affiliated with the online registration program, eJuror, which is used in 80 U.S. court districts. A link to the U.S. Courts’ warning and tools to locate local district contact information for anyone who suspects they’ve been targeted by the scam can be found here: http://www.uscourts.gov/FederalCourts/JuryService/JurorScams.aspx.
A Resolution under consideration by the American Bar Association “urges all private and public sector organizations to develop, implement and maintain an enterprise security program in accordance with internationally accepted standards. .” You can read the full press release here and the Resolutions here.
Lexis Nexis recently conducted a survey, which the Law Technology News wrote about here, regarding the importance of file sharing in law firm collaboration. The survey showed that, while many firms continue to express concerns about security, over two thirds of those who participated in the survey use unencrypted email to share files. The survey points out that these firms rely solely on the confidentiality statement within an email for protection. Read more…
Portland, Ore. firm Exterro hosts webcast with Magistrate Judge James Francis (SDNY), District Judge Paul Grimm (Dist. Md.) and Chief Magistrate Judge John Ott (ND Ala.) for a discussion about the proposed amendments to the Federal Rules of Civil Procedure regarding e-discovery.
The Decade of Discovery is a documentary film “about a government attorney on a quest to find a better way to search White House e-mail, and a teacher who takes a stand for civil justice on the electronic frontier.” It features e-discovery pioneer judges like Judge Shira A. Scheindlin, the founder of The Sedona Conference®, Richard G. Braman, and others who have helped shape the search for justice and freedom in the digital age.
The film will debut at the Hoboken International Film Festival on May 31st and at the Manhattan Film Festival on June 21st.
Watch the trailer here.
The Heartbleed bug, which surfaced at the beginning of last week, is one of the worst security breaches that the internet has had to deal with. It has been around for approximately two years, undetected by anyone except for, potentially, the NSA. The vulnerability allows attackers to grab usernames, passwords, and actual content, as well as impersonate services, and there is currently no way to detect whether it has been exploited or not. This vulnerability not only affects websites, but also hardware such as wifi routers and firewalls. So, what practical steps should be taken to protect any client materials stored at third party locations?
The first item on the list would be to assure your client that you are contacting the vendors involved. The next step would be to find out if any of the vendors you use were affected by the bug, and to learn as much as possible about what steps the vendor has taken and is taking to protect your client’s data. There are tests that can be done regarding whether websites have been patched, one of them can be found here. A list of hardware vendors to check can be found here. Even if the vendor assures you that the hardware has been patched, you will want to check your own hardware against the list. Once you have confirmation that all vendor services have been patched, the last item is to change your passwords for these services. Although it may be obvious to do so, keep the client informed throughout this process, find answers to any questions the client has, and maintain communication with the vendor so that you, and the client, can rest assured that reasonable steps have been taken to protect their data.
Google Glass—the wearable computer that allows users to, among many other things, take photos, shoot videos, send messages, find directions, and browse the web using voice commands—has been available to beta users, called “Glass Explorers,” for some time and is reportedly set for broader public release later this year. Entry to the general market will undoubtedly give rise to questions about how the device, and its uses, will change the legal landscape (if at all) and how the device will differ from existing technologies as a target of discovery requests and related discovery obligations of litigants. Read more…
Join us for a lunchtime CLE in Bend, Oregon on Tuesday, April 29.
- Topic: “Managing E-Discovery Issues in Litigation”
- Presenter: Josh Ross and Angelene Falconer of Stoll Berne, Portland
Josh and Angelene regularly handle complex litigation matters. They will discuss strategies and highlight issues that frequently arise, and offer tips on managing e-discovery issues efficiently.
- Venue: The Oxford Hotel, 10 Below
- Time: Buffet opens at 11:45, CLE will be from 12 to 1
- Cost: $25 for lunch and CLE if registered by 5pm on on April 24th. After that, cost is $30.
- Credit: One General CLE credit pending
Now that the public comments period has closed for the Proposed Amendments to the Federal Rules of Civil Procedure, we thought it was time to do a more in-depth follow up to our post about Judge Scheindlin’s criticism of the proposed changes. Rather than reading all of the thousands of written submissions (you can do that here) we did a breakdown of all of the speakers’ comments at the public hearings before the advisory committee and reviewed the materials that will be considered at their next meeting here in Portland, OR next week. Read more…