Legal Tech Blog

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…

Judicial Perspectives on the Proposed FRCP E-Discovery Amendments

Posted on: June 5th, 2014 by Angel Falconer

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.

http://www.exterro.com/ondemand_webcast/judicial-perspectives-on-the-proposed-frcp-e-discovery-amendments-3/

E-Discovery Documentary Film Debut

Posted on: May 28th, 2014 by Angel Falconer

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.

What Heartbleed means for attorneys and third-party storage of client materials

Posted on: April 14th, 2014 by Matthew Clover

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 Already Leaving its Mark on Legal Landscape

Posted on: April 10th, 2014 by Josh Ross

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…

Managing E-Discovery Issues in Litigation – Deschutes County Bar Association

Posted on: April 7th, 2014 by Josh Ross and Angel Falconer

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

 

www.deschutesbar.org/

[Revised] Proposed Amendments to the Federal Rules of Civil Procedure

Posted on: April 4th, 2014 by Angel Falconer and Josh Ross

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…

Contractual Limits on E-Discovery

Posted on: April 1st, 2014 by Angel Falconer

This Law Technology News series explores the possibility of limiting e-discovery through agreement between the parties.  Part 1 discusses the potential benefits of these contracts and what provisions might be considered.  Part 2 cautions parties about the risks of diving into this uncharted territory, as the courts may find some provisions to be unenforceable.

Staying Secure While You Travel

Posted on: March 14th, 2014 by Matthew Clover

Free public WiFi is everywhere. At cafes, hotels, the airport, courts, and many other locales. Its convenience, and the lack of unlimited cellular data for many, mean many of us use it to connect while we are away from home.  Using free public WiFi increases your risk of a data breach, given how easy it is to download tools to snoop for information on these networks. Firesheep is one such tool, and is easy to use. Wireshark is another one; it takes a little more technical know how but also allows hackers to grab unencrypted data from unsuspecting victims. Luckily, there are some solutions out there that can help keep you secure when using free public WiFi. Read more…

Recovery of e-discovery expenses as “costs”

Posted on: February 26th, 2014 by Josh Ross

Most litigators (and clients) can confirm that costs of e-discovery and related services have skyrocketed in recent years.  In earlier blog posts, we’ve explained why “insourcing” litigation support services, including e-discovery services, can help reduce those costs.  Still, business litigation almost always requires collecting, managing, storing, and producing electronic data in response to requests from opposing parties.  While a 2008 amendment to 28 U.S.C. section 1920 makes clear that, generally, ESI is considered a cost of “making copies” and generally recoverable by a prevailing party, which specific costs are recoverable if your client prevails?  A couple recent decisions provide some guidance and food for thought. 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

  • Matthew Clover

  • Josh Ross
  • 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.
  • Angel Falconer

  • Josh Ross
  • 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.
  • Josh Ross

  • Josh Ross
  • Joshua Ross represents individuals and businesses in a broad range of commercial disputes, including unlawful trade practices, fraud, securities issues, class actions, and contract disputes. Josh is a member of the Oregon State Bar and the Washington State Bar, and is a Region 5 member of the OSB Board of Governors.
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