Electronic Discovery and Evidence

United States Supreme Court Approves Electronic Discovery Changes to Federal Rules of Civil Procedure.

On April 12, 2006 the United States Supreme Court approved the proposed amendments to the Federal Rules of Civil Procedure.  These rules concern the discovery of "electronically stored information" (ESI).  These rule changes affect Rules 16, 26, 33, 34, 37, 45 and Form 35.  The rules have been sent to Congress and will become effective on December 1, 2006 unless Congress acts to change or defer the amendments. The amendments are available on the United States Court’s web site at: http://www.uscourts.gov/rules/newrules6.html#cv0804.

AT&T Allegedly Diverting Internet Information to NSA

EFF Files Evidence in Motion to Stop AT&T's Dragnet Surveillance. ". . .The evidence that we are filing supports our claim that AT&T is diverting Internet traffic into the hands of the NSA wholesale, in violation of federal wiretapping laws and the Fourth Amendment," said EFF Staff Attorney Kevin Bankston. "More than just threatening individuals' privacy, AT&T's apparent choice to give the government secret, direct access to millions of ordinary Americans' Internet communications is a threat to the Constitution itself. We are asking the Court to put a stop to it now. . ."

Judge Refuses to Make Documents "Disappear"

Judge Lectures Counsel On Request to Make Documents 'Disappear. "A federal judge in Manhattan has blasted a pair of private equity executives, both of whom are also lawyers, for asking him to make allegations against them "disappear" after the settlement of a suit that accused them of "fundamentally dishonest behavior."  American International Group Inc., filed suit Feb 1. against two former top executives of its AIG Capital Partners private equity arm, Chief Executive Peter Yu and General Counsel William Jarosz. The insurance giant accused them of stealing confidential client information from AIG computers to help them launch a new private equity fund. . . "

Google Searches Monitored

After Subpoenas, Internet Searches Give Some Pause."Kathryn Hanson, a former telecommunications engineer who lives in Oakland, Calif., was looking at BBC News online last week when she came across an item about a British politician who had resigned over a reported affair with a "rent boy." It was the first time Ms. Hanson had seen the term, so, in search of a definition, she typed it into Google. As Ms. Hanson scrolled through the results, she saw that several of the sites were available only to people over 18. She suddenly had a frightening thought. Would Google have to inform the government that she was looking for a rent boy - a young male prostitute? . . ."

Monitoring Employees Electronically

Whether they know it or not, employees are rarely alone on the job. "Businesses are deploying a battery of high-tech gadgets to keep track of employees in office cubicles, factories and hospitals and on the road. Nine out of 10 companies engage in workplace surveillance -- above all, monitoring computer use -- according to a 2005 survey. "Employees should go to work assuming that Big Brother is going to read over their electronic shoulder when they're sitting at the computer," said Nancy Flynn, executive director of the ePolicy Institute in Columbus, Ohio. She and the American Management Association cooperated on last year's survey of more than 500 U.S. employers. Among the findings: . . "

Subpoenaing a Person's Search Terms on Google

Google Resists U.S. Subpoena of Search Data."Google says a Justice Department request for search records is overbroad and could expose identifying information about its users. The Justice Department has asked a federal judge to compel Google, the Internet search giant, to turn over records on millions of its users' search queries as part of the government's effort to uphold an online pornography law. . . . Google has been refusing the request since a subpoena was first issued last August, even as three of its competitors agreed to provide information, according to court documents made public this week. Google asserts that the request is unnecessary, overly broad, would be onerous to comply with, would jeopardize its trade secrets and could expose identifying information about its users. The dispute with Google comes as the government is moving aggressively on several fronts to obtain data on Internet activity to achieve its law enforcement goals, from domestic security to the prosecution of online crime. Under the antiterrorism law known as the USA Patriot Act, for example, the Justice Department has demanded records on library patrons' Internet use. . ."

Personal Storage Devices

Employee Personal Storage Devices Create Workplace Challenges. "Employees have a variety of inexpensive digital storage devices available to them that, when used at work, pose significant data security issues. An employer’s data has never been less secure and harder to control. Lawyers should be knowledgeable of these issues in order to properly advise their clients about (i) human resource policies, and (ii) responding to, and demanding production for, electronic discovery requests. . . "

Don't Forget Instant Messaging Discovery

Creating an Employee IM Policy.  "Instant messaging is a great tool for small businesses--but it's not without risks. Here's how to minimize them.A few years ago, a technology startup's CEO was mortified to discover that thousands of his confidential instant messages had been posted on the internet. His messages were an enormous embarrassment for his company and its business partners, and the CEO even received death threats. . . "

Corporate Litigation Readiness EDD Study

Corporate Litigation Readiness - Electronic Discovery in Litigation & Compliance Series. "In our EDD Supplier Landscape report we projected a long-term trend influencing the locus of procurement for e-discovery services -- decision-making is moving away from law firms in favor of the corporate counsel's office.  What better way to follow-up than to speak directly with the corporate counsels? In this analysis we present the results of interviews with the offices of the general counsel in 269 global 1000 companies -- the objective is to put metrics around the attitudes and behaviors that define corporate litigation readiness. . ."

GPS Tracking of Employees

Tracking Employees.  "While they're out chasing the news, employees at a local television station are wondering if anybody is tailing them. The news trucks at WABC-TV were recently equipped with Global Positioning System transmitters, raising concerns among the station's union workers about privacy. It's a small but growing workplace topic as companies increasingly embrace the GPS technology already in use to track everything from wayward teens to sex offenders. . . "