Legal Tech Blog

Technology Assisted Review – Revisited

Posted on: March 24th, 2015 by Angel Falconer

Three years after his Da Sliva Moore opinion approving the use of TAR (technology assisted review, computer assisted review, or predictive coding), US Magistrate Judge Andrew Peck says that “the case law has developed to the point that it is now black letter law,” and goes on to list several judicial decisions approving the use of TAR. You can read Judge Peck’s recent opinion in Rio Tinto PLC v. Vale S.A. et al.

Smartwatch Security in the Workplace

Posted on: March 19th, 2015 by Matthew Clover

Smartwatches have been around for awhile, but the upcoming release of the Apple Watch has the potential to bring them into the mainstream. While the Apple Watch, and other Smartwatches, have the potential to increase efficiency, they also provide another device that can store and/or access corporate data. This presents another device that will need to be incorporated into a business’s BYOD security policy as well as another device to manage.
Read more…

House Republicans Want Hillary Clinton’s Email in Native Format

Posted on: March 17th, 2015 by Angel Falconer

Former Secretary of State Hillary Clinton’s use of her personal email account to conduct official State Department business has been at the top of the headlines lately. Clinton has explained that her decision to use her personal email account was simply a matter of convenience and has stated that she has already released over 55,000 pages of correspondence. Not satisfied with the production of printed email, last week the House Oversight Committee Chairman Jason Chaffetz said his committee may seek electronic versions of the correspondence, not just the printed copies, and today House Speaker John Boehner called on Clinton to hand over the private server that stores the emails.

Microsoft Outlook for iOS and Android not Enterprise Ready Yet

Posted on: February 9th, 2015 by Matthew Clover

A new app from Microsoft, Outlook for iOS and a Preview version for Android, shows that Microsoft is committed to designing for other platforms. Some reviews have been positive, like this one from The Verge, while others have said that this app is still a little rough around the edges, like this article from Infoworld. I tend to agree with The Verge, but there is a larger security concern for companies using the ActiveSync protocol (this includes Exchange, IBM Notes Traveler).  Read more…

Employee Mistakes Still to be Main Source of Data Breaches in 2015

Posted on: December 29th, 2014 by Matthew Clover

The Law Technology News just published the top six data breach predictions for 2015 as outlined in Experian Data Breach Resolution’s 2015 Second Annual Data Breach Industry Forecast. That article can be read in full here. I am focusing on the prediction regarding employee mistakes, as this seems to be one of the hardest areas for companies to rectify. As the article points out, both in its title and when discussing employee mistakes, businesses will continue to ignore the employee side in favor of protecting against cyberattacks. There are various reason for this, from the cost of security in general, to the sticky issue of balancing user efficiency and security, to cyberattacks being very much in the news currently. Read more…

Sony Data Breach Fallout and Lessons

Posted on: December 19th, 2014 by Matthew Clover

The FBI has concluded that the North Korean government was behind the Sony data breach that exposed embarrassing emails that have harmed the reputations of the company and its executives, forced the cancellation of the release of the “The Interview” amid terrorist threats, and put thousands of employees’ private information at risk.  This latest breach should cause IT professionals and business owners to review their privacy and security protocols and address weaknesses, and it should serve as a reminder that, while there will always be significant risk, there are some steps we can all take to be more secure online. Read more…

Technology Assisted Review and Cooperation

Posted on: October 24th, 2014 by Angel Falconer

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.

US Courts Issue Warning re eJuror Scam

Posted on: August 5th, 2014 by Angel Falconer

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:

ABA Will Consider Resolution Regarding Cybersecurity Policies

Posted on: July 29th, 2014 by Angel Falconer

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. [109].”  You can read the full press release here and the Resolutions here.

A Continued Disconnect Between the Idea of Security and Actual Practice

Posted on: June 10th, 2014 by Matthew Clover

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…

Legal Disclaimer

The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.

About this blog

The goal of this blog is to provide a forum for discussing issues related to technology used in law firm and case management, and share information about CLEs, legal opinions, articles and products that may interest Oregon practitioners in the area of e-discovery.

About the authors

  • Angel Falconer

  • Matthew Clover
  • Angel Falconer is Stoll Berne's Litigation Support Manager. She supports attorneys and clients through the entire litigation process and has worked on cases involving the securities laws, complex commercial disputes, class actions, unfair competition and trade secrets. Angel has expertise directing large-scale discovery projects and helps manage Stoll Berne's in-house e-discovery systems. Angel supervises electronic evidentiary presentations in arbitration hearings and in state and federal trial courts.
  • Matthew Clover

  • Matthew Clover
  • Matthew Clover has been the IT Administrator at Stoll Berne since 2008. He supports attorneys, paralegals, and clients with the technology side of litigation. Matthew has a broad range of experience with legal industry technology, as well as more widely used technologies. He helps manage Stoll Berne's in-house e-discovery systems and has significant experience advising attorneys on the collection and management of electronic discovery and the use of trial software. Matthew also supports the firm's overall network, mobile, and applications infrastructure.
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