Category Archives: eDiscovery California

Backup & Recovery Systems, eDiscovery California, Implementation, Strategy

e-Discovery California: Go See Cal!(PERS) about Retention Policy Pitfalls


 

Retention policies.

Can't live with 'em…can't live without 'em.

Damned if you do…damned if you don't.

Very few people like change, especially in corporate environments.  It's just another burden to bear.  If something's changing, you know what'll follow; a meeting, memo, or training.  Who wants that?

Rolling out a retention policy will usually result in a lot of complaining, but when coupled with all of the complex, new eDiscovery regulations, it gives you something else to worry about – even if you have no anticipated litigation at the time the policy is implemented (notice I didn't say 'pending', which isn't the proper standard).

Just ask CalPERS, aka the California Public Employees' Retirement System.  CalPERS implemented an internal 60-day retention policy – and apparently didn't bother to tell anyone.  Furthermore, they gave 2,300 of their employees discretion over what additional ESI should – and shouldn't – be kept.

Oh, did I mention they're currently under state and federal investigation?

It's prudent to be aware that, no matter when a retention policy is implented, your opponents will always have an interest in claiming you're committing misconduct by deleting evidence of…misconduct.  Therefore, I rountinely suggest that, prior to implementing – or modifying – a retention policy, a thorough review of current status should be performed – just in case you have to explain it to the judge.

eDiscovery California, Education, Law Practice Management

e-Discovery California: #LACBA Tax Night Panel – 06-15-11

00443095 This just in:  I’ll be appearing on a panel with my LPMT colleague, Gideon Grunfeld, at the annual LACBA Tax Night series of CLEs on Wednesday, June 15th from 2:30 – 3:30 PM.  Here’s the synopsis:

“Gideon Grunfeld (Rainmaking for Lawyers) and Perry Segal (Attorney, and Management and Technology Professional) lead a discussion of the impact of technology on law practice management, from blogging and business development to data security, storage, and the Cloud.”

eDiscovery California, Media, Miscellaneous, Security

e-Discovery California: ‘Mari J.’ Gets Frank with Governor Brown about Privacy

CA OPP
Mari J. Frank is one of my colleagues on the California State Bar's LPMT Section Executive Committee.  She is none too pleased about the Governor's proposal to close the California Office of Privacy Protection.  Below are her comments to the media including a letter she sent to the Governor's office.  Am I the media?  Kinda…sorta.  Ultimately, I agree with her sentiments.  See her (slightly edited) comments and a link to the letter below:

Dear Members of the Media-

We are currently living in the information age, where privacy issues are at the top of the list of consumer concerns. California has been the leader in privacy protection in our country, and in promoting legislation insisting on transparency. For example, we were the first state to pass a security breach notification law, the first state to insist on the confidentiality of social security numbers, which are essentially the key to the kingdom of identity theft.

The California Office of Privacy Protection has been a great resource for consumers, businesses and even for you as journalists and media for all kinds of information privacy and identity theft information and resources.   However, new State Budget Proposals propose to completely remove funding for this small but influential office.  From my perspective it is outrageous that the Governor would even consider the huge jump backwards associated with closing a small but highly influential and necessary office for less than $500,000 savings.

I am so thankful for you, members of the press, since you are the ones who bring important issues that are often hidden (like this one) to the public.  Please read my letter and visit the California Office of Privacy Protection’s website at www.privacy.ca.gov/ to see the tremendous guidance and outreach that is provided.

Thank you for the opportunity to share with you this letter that I recently sent to Governor Brown, various California Budget Committees and the  California Senate Privacy Committee.   I hope you consider addressing this issue or at the very least excerpt a portion of my letter to share with your readership. 

Thank you so much for your consideration of this important office.

Best,

Mari Frank

eDiscovery California, Law Practice Management, Scope, Technology

e-Discovery California: You Heard it Here Last! (SPR11-26)

Attorneys; hopefully, this isn't the first time you're hearing about the Judicial Council of California's Invitation to Comment on a proposed new Subpoena Duces Tecum, item number SPR11-26 (warning: link opens 12-page pdf).  Why is this important to you?  Because it addresses the special needs of requesting production of ESI.

The deadline for comment is 5:00 p.m., June 20th, 2011.

Backup & Recovery Systems, Disaster Recovery, eDiscovery California, Education, Law Practice Management, Strategy, Technology

e-Discovery California: Upcoming Presentations & Activities – May/June 2011

00443095
I thought it might be a good idea to share my presentation & conference schedule for the next couple of months…this will also explain why I haven’t had as much time to post; I have deadlines!

May 17-18th:  As mentioned prior, I’ll be attending LegalTech next week in downtown Los Angeles.  At the moment, I’m planning to attend both days.

June 1st:  I’m presenting a one-hour CLE for general credit at the Los Angeles County Bar Association Litigation Section Inn of Court, titled, “How to Lose an eDiscovery Case in 30 Days“.  The synopsis:

“The steps you take in the first 30 days leading up to the initial ‘Meet & Confer’ can make or break your case.  This program will discuss what to do before, during and after to keep you on track.”

June 24th:  I’ll be making two one-hour CLE presentations in the computer lab (.5-hour general & .5-hour ethics credit, limited to 25 people per lab) at the California Bar’s Solo and Small Firm Summit at the Anaheim Marriott, titled, “Earth, Wind, Fire, Flood & ESI: Disaster-Planning for the Law Office“.  The synopsis:

“A ‘disaster’ encompasses a lot more than you might think. The ‘physical’ office is covered; what about the ‘virtual’ office? If you suffer a catastrophic failure on Monday, can you be back in business Tuesday morning? Are there ethical issues? It’s 2 am. Do you know where your data is?”

Hey, that’s what I get for writing synopses at the last minute, late at night.  How many times do you think a tech-weenie like myself has used the line, “It’s 2 am. Do you know where your data is?”  (Answer: Too many times!!!).

I’m sure Hillary Clinton thanks me.


 

Cases of Interest, Criminal Liability, eDiscovery California, Sanctions, Spoliation

e-Discovery California: Deutch in Dutch with AG for Spoliation

MP900314122 How long does it take to shred 2.7 million documents?  I guess it depends on whether 'Tax Lady' Roni Deutch used machines or simply hit the 'delete' key.  Inconsequential; as we already know, destroying documents in violation of a court order will certainly lead to sanctions.  However, this time, our new California Attorney General, Kamala Harris, is seeking jail time for contempt.

This is one of two high-profile cases of this type.  The other involves a Houston, TX company called TaxMasters, although I'm not aware of any e-discovery-related issues with that case.  However, it's no coincidence that these cases receive stepped-up coverage at tax time.

Nevertheless, I'll be following the outcome of the former case.  It's not every day an AG calls you a "predator for profit".

eDiscovery California, Law, Security

e-Discovery California: SB-761 – ‘Do Not Track’

Like it or not, California is leading the way on Internet privacy.  California State Senator Alan Lowenthal has introduced 'Do Not Track' legislation – SB-761 – that would allow online users to opt-out of being tracked.  The Judiciary Committee will hold an inital hearing on the so-called "Lowenthal Bill" April 26th.

I'll keep an eye on this one and let's see where it goes.

Criminal Liability, eDiscovery California

e-Discovery California: Crib Notes – Circa 2011

MP900178016 Ahhhh…the youth are our future.  No…really…they are.  We'll be seeing them in court. 

Whether we like it or not, pound-for-pound, the younger set knows way more about technology than we might like them to know.  And, as it's been said, a little knowledge is a dangerous thing.

Turning twenty-one should be about becoming an 'adult' (whatever that means, these days) and being able to have a beer at your local bar – not committing your first series of computer felonies.

The kid is caught cheating on an exam, so he breaks-in (physically, in this instance) and steals the evidence that he cheated on the exam!  How's that for ingenuity?

You've heard of the "Bling Ring"?  Well, I dub these lads the "Token Ring".

If you know what token ring is, go to the head of the class!