Feb 10
As cloud computing adoption rates soar, standards groups see promise with establishing aligned interfaces, rules written into RFPs and SLAs, and harmonized government legislation.
Those were prime expectations for the near-term of cloud computing from discussion topics during an update on cloud standards held Thursday between U.S. and European standards organizations. The virtual summit was led by the Open Data Center Alliance and held in conjunction with the Distributed Management Task Force (DMTF), standards consortium OMG, storage and networking standards group SNIA, and the European telecommunications and network standards group, ETSI. All of the organizations are doing their own work with end users and vendors to establish cloud standards, which are then discussed among the organizations in bi-weekly calls.
Although representatives from the five organizations stopped short of exact timelines and strict guidelines in the discussion, they each provided insight on the direction of standards in the coming year.
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Those were prime expectations for the near-term of cloud computing from discussion topics during an update on cloud standards held Thursday between U.S. and European standards organizations. The virtual summit was led by the Open Data Center Alliance and held in conjunction with the Distributed Management Task Force (DMTF), standards consortium OMG, storage and networking standards group SNIA, and the European telecommunications and network standards group, ETSI. All of the organizations are doing their own work with end users and vendors to establish cloud standards, which are then discussed among the organizations in bi-weekly calls.
Although representatives from the five organizations stopped short of exact timelines and strict guidelines in the discussion, they each provided insight on the direction of standards in the coming year.
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Feb 10
Smartphones are offering divorce lawyers a treasure trove of evidence, according to an industry study, highlighting the lack of privacy on mobile devices.
In a survey from the American Academy of Matrimonial Lawyers, 92 percent of attorneys said they’ve seen an increase in the cases that use evidence from smartphones.
Though sending a text message to a spouse or partner may feel intimate, that privacy is not as protected as people think in a court of law. Those same messages are prone to search warrants in some states, and a pending law in Missouri puts cell carriers responsible for revealing phone locations of suspected missing persons.
A client who saves a series of insulting, combative or otherwise insightful text messages from their spouse can give that to a divorce lawyer to serve as evidence.
“Text messages can be particularly powerful forms of evidence during a divorce case, because they are written records of someone’s thoughts, actions and intentions,” said Ken Altshuler, president of the American Academy of Matrimonial Lawyers.
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In a survey from the American Academy of Matrimonial Lawyers, 92 percent of attorneys said they’ve seen an increase in the cases that use evidence from smartphones.
Though sending a text message to a spouse or partner may feel intimate, that privacy is not as protected as people think in a court of law. Those same messages are prone to search warrants in some states, and a pending law in Missouri puts cell carriers responsible for revealing phone locations of suspected missing persons.
A client who saves a series of insulting, combative or otherwise insightful text messages from their spouse can give that to a divorce lawyer to serve as evidence.
“Text messages can be particularly powerful forms of evidence during a divorce case, because they are written records of someone’s thoughts, actions and intentions,” said Ken Altshuler, president of the American Academy of Matrimonial Lawyers.
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Feb 10
The extraordinary cost of e-discovery is well documented. The amount of ESI that we generate is exploding and the use and prevalence of technology, its ease of access, and the relatively low cost mean that trend will continue. Clients are becoming increasingly sensitive to and concerned about these increasing costs, and the ongoing economic malaise has only exacerbated the problem and hastened clients’ efforts to control such costs. In doing so, parties are looking beyond macro controls such as the number of custodians, the nature of collections (full v. targeted), and filtering techniques (date limitations, keyword terms), and now look at micro controls, including the parsing of document families at a component level. A key question, therefore, becomes: If one part of a multi-component document is relevant, should all nonprivileged parts of that document also be produced?
Some answer affirmatively, that a producing party must keep parents and attachments together, for various reasons, e.g., Fed. R. Civ. P. 34(b) (as kept in the usual course of business), Fed. R. Evid. 106 (completeness supports context), secondary sources (the Sedona Conference’s definition of document) and prevailing practices (production guidelines of the FTC and DOJ). Other bases exist, though, for treating parents and attachments separately, e.g., Fed. R. Civ. P 26(b)(1) (relevance) and Fed. R. Civ. P 26(b)(5) (privilege).
In Abu Dhabi Commercial Bank v. Morgan Stanley & Co. Inc., Special Master Jonathan Redgrave considered these factors in evaluating a discovery dispute concerning missing nonprivileged attachments. He noted a lack of precedent on the precise issue of relevance and moved forward with findings and recommendations, adopted by U.S. District Court Judge Shira A. Scheindlin of the Southern District of New York, without ruling on the question itself. This article outlines the issues addressed in Abu Dhabi regarding the treatment of parents and attachments. In short, there appears to be no definitive case or rule on the subject and clear tension between Rule 34 and Rule 26. Any presumption that parents and attachments should be produced together appears to be open for debate — a debate best engaged by parties early in the discovery process.
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Some answer affirmatively, that a producing party must keep parents and attachments together, for various reasons, e.g., Fed. R. Civ. P. 34(b) (as kept in the usual course of business), Fed. R. Evid. 106 (completeness supports context), secondary sources (the Sedona Conference’s definition of document) and prevailing practices (production guidelines of the FTC and DOJ). Other bases exist, though, for treating parents and attachments separately, e.g., Fed. R. Civ. P 26(b)(1) (relevance) and Fed. R. Civ. P 26(b)(5) (privilege).
In Abu Dhabi Commercial Bank v. Morgan Stanley & Co. Inc., Special Master Jonathan Redgrave considered these factors in evaluating a discovery dispute concerning missing nonprivileged attachments. He noted a lack of precedent on the precise issue of relevance and moved forward with findings and recommendations, adopted by U.S. District Court Judge Shira A. Scheindlin of the Southern District of New York, without ruling on the question itself. This article outlines the issues addressed in Abu Dhabi regarding the treatment of parents and attachments. In short, there appears to be no definitive case or rule on the subject and clear tension between Rule 34 and Rule 26. Any presumption that parents and attachments should be produced together appears to be open for debate — a debate best engaged by parties early in the discovery process.
To Continue Reading:
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