Feb 05
Auditing firm KPMG has lost its appeal of a controversial e-discovery ruling in the Pippins v. KPMG labor case.
KPMG, one of the Big Four in its field, wanted to sample 100 hard drives for e-discovery. Lawyers for Pippins won a November 2011 ruling to use all available drives, which sparked a debate among e-discovery watchers — how much data preservation is reasonable? The sides appeared close to a compromise last month, but no deal was reached.
“Based on Plaintiff’s recollections regarding their former hard drives, I agree with [Magistrate Judge James] Cott that the hard drives are likely to contain relevant information,” wrote District Court Judge Colleen McMahon, of the Southern District for New York, in a bluntly written ruling Friday afternoon.
“It smacks of chutzpah … to argue that the Magistrate failed to balance the costs and benefits of preservation when KPMG refused to cooperate with that analysis by providing the very item that would, if examined, demonstrate whether there was any benefit at all to preservation,” McMahon asserted.
To Continue Reading:
KPMG, one of the Big Four in its field, wanted to sample 100 hard drives for e-discovery. Lawyers for Pippins won a November 2011 ruling to use all available drives, which sparked a debate among e-discovery watchers — how much data preservation is reasonable? The sides appeared close to a compromise last month, but no deal was reached.
“Based on Plaintiff’s recollections regarding their former hard drives, I agree with [Magistrate Judge James] Cott that the hard drives are likely to contain relevant information,” wrote District Court Judge Colleen McMahon, of the Southern District for New York, in a bluntly written ruling Friday afternoon.
“It smacks of chutzpah … to argue that the Magistrate failed to balance the costs and benefits of preservation when KPMG refused to cooperate with that analysis by providing the very item that would, if examined, demonstrate whether there was any benefit at all to preservation,” McMahon asserted.
To Continue Reading:
Feb 05
It’s hard to persuade attorneys to accept leaner, less costly preservation protocols. Irrational fear of sanctions and spotty familiarity with information technology have so conditioned lawyers to over-preserve that when advised there’s no need to keep something, they reply, “Let’s keep it anyway — just to be safe.”
Proportionality in preservation isn’t something you get down at the courthouse. Proportionality begins at home.It begins by understanding the mechanics of preservation, helping you select the most cost-effective approaches and manage risk. For email, there are several options.
Do nothing: The cheapest, easiest, and most common approach to email preservation is to do nothing and hope that messages will be around when you are obliged to produce them. At first blush, doing nothing to preserve email seems the e-discovery equivalent of Russian roulette. Some jurists call it grossly negligent because messages will inevitably winnow away as employees purge folders and change jobs. Most parties can’t do nothing!
But doing nothing is a defensible choice for those whose email systems are configured to automatically save items that fall within the scope of preservation. Litigants with message journaling or archiving systems are examples of entities that can safely do nothing once it’s established that the systems hold the relevant messages and the messages aren’t going anywhere. Even then, IT personnel should be made aware of the obligation to preserve the archives.
To Continue Reading:
Proportionality in preservation isn’t something you get down at the courthouse. Proportionality begins at home.It begins by understanding the mechanics of preservation, helping you select the most cost-effective approaches and manage risk. For email, there are several options.
Do nothing: The cheapest, easiest, and most common approach to email preservation is to do nothing and hope that messages will be around when you are obliged to produce them. At first blush, doing nothing to preserve email seems the e-discovery equivalent of Russian roulette. Some jurists call it grossly negligent because messages will inevitably winnow away as employees purge folders and change jobs. Most parties can’t do nothing!
But doing nothing is a defensible choice for those whose email systems are configured to automatically save items that fall within the scope of preservation. Litigants with message journaling or archiving systems are examples of entities that can safely do nothing once it’s established that the systems hold the relevant messages and the messages aren’t going anywhere. Even then, IT personnel should be made aware of the obligation to preserve the archives.
To Continue Reading:
Feb 05
In today’s ever-expanding world of big data, organizations are not only taking on considerably more responsibility for protecting information assets, but are also facing the likelihood of a continued rise in potential data incidents.
According to Dov Yoran, CEO at New York City-based cyber security company ThreatGRID, security threats have evolved so extensively in recent years that it is inevitable that incidents will occur even at mid-sized businesses. “It’s imperative to have a solid incident response process, which should include data forensics capabilities and recovery methods after the breach,” Yoran says. “Additionally, it is always paramount to have a disaster recovery plan, which normally includes recovery processes, procedures and solutions.”
All tools are not created equal
Fortunately, an array of forensic and recovery tools exists, including data integrity tools provided with the operating system, automated data recovery tools, and specialized forensic data recovery tools. The most advanced tools allow experts to recover significantly corrupted data or structural damage, partially deleted files, and forensically reassemble short fragments of files into their original form. The tools even allow an expert to document the chain of events that led to the data destruction. This all depends on the expert using the tool having an intimate knowledge of how media data structures operate, and good working knowledge of the tool itself.
To Continue Reading:
According to Dov Yoran, CEO at New York City-based cyber security company ThreatGRID, security threats have evolved so extensively in recent years that it is inevitable that incidents will occur even at mid-sized businesses. “It’s imperative to have a solid incident response process, which should include data forensics capabilities and recovery methods after the breach,” Yoran says. “Additionally, it is always paramount to have a disaster recovery plan, which normally includes recovery processes, procedures and solutions.”
All tools are not created equal
Fortunately, an array of forensic and recovery tools exists, including data integrity tools provided with the operating system, automated data recovery tools, and specialized forensic data recovery tools. The most advanced tools allow experts to recover significantly corrupted data or structural damage, partially deleted files, and forensically reassemble short fragments of files into their original form. The tools even allow an expert to document the chain of events that led to the data destruction. This all depends on the expert using the tool having an intimate knowledge of how media data structures operate, and good working knowledge of the tool itself.
To Continue Reading:
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