What's New
Out of the 500 companies on this years list, Logik is the top eDiscovery company. Wow! We're thrilled and humbled.
The Inc. 500 is a list of the fastest-growing private companies in the U.S. This award places Logik in company with past honorees such as Microsoft, Timberland, Intuit, Jamba Juice, Oracle, and Under Armour. We can only hope to reach the same success these companies have achieved.
We couldn't have done this without the support of our family, friends, partners, vendors, and our ahhh-mazing clients. Thank you so much to everyone that has supported us over the years. We greatly appreciate it.Read more
I see skies of blue – and clouds of white – a bright blessed subpoena! You mean warrant, right?
Nope. We respect you for trying, but they meant subpoena. (…what a wonderful world…)
In U.S. v. Weaver, a Seventh Circuit district court addressed the question of whether a court can, via subpoena, compel an Internet Service Provider’s (Microsoft’s) production of a subscriber’s opened emails which are less than 181 days old. 2009 WL 2163478 (C.D.Ill.) This was a case of first impression for the Seventh Circuit, and it clarified Theofel v. Farey-Jones, a previous Ninth Circuit ruling. 359 F.3d 1066 (9th Cir. 2004). Whereas the court in Theofel found that circumstances called for the use of a warrant, the Seventh Circuit in Weaver said that a subpoena would suffice.Read more
Sailing the safe harbor Posted By Daniel Kaiser, Esq. on August 11, 2009
BRING OUT YOUR DEAD…documents. If your company goes to court, and your opponent’s discovery request includes dead files or electronic files previously deleted from your archives, have you secured safe harbor protections against court sanctions?
The corporate records you maintain as electronically stored information (ESI)─now including email, voice messages, proposals, sales documents, contracts, legal documents, tax records, employment records, Board minutes, and press releases amongst other important files─are both assets and potential burdens to your company. Having extensive records at your fingertips will enable smooth operations by informing you in your transactions with existing and potential clients, by allowing market analysis and company forecasts, and potentially by protecting you in the event of a lawsuit.Read more
Get ready for an acronym or two. Oh what the heck, make it seven. No Glossary Needed (NGN). In June the non-profit Association for Information and Image Management (AIIM), an official ANSI-approved Standards Development Organization, approved and released the updated 2009 version of AIIM ARP-1-2009: Recommended Practice – Analysis, Selection, and Implementation of Electronic Document Management Systems (EDMS).Read more
How do you feel about “going Dutch?” You may or may not have strong feelings about being asked to split a dinner tab, but my money says that you’ll have even stronger feelings about splitting a discovery “tab.” This is a brief look at when to expect cost-shifting in eDiscovery.
From the outset, keep in mind that eDiscovery cost-shifting is an extraordinary remedy. Court modifications of discovery requests (including cost-shifting) are not a given. In fact, the benchmark decision of Zubulake 1 points out that in many typical discovery requests a consideration of cost-shifting would be wholly inappropriate. In general, courts should deny burdensome requests for data in the absence of a reasonable prospect that the data will contribute significantly to discovery [...]Read more
These days we seem to be surrounded by various pronouncements and diagnostics on the health of the economy. Sometimes these seem to be counter-intuitive. Consecutive months of increased spending (rising 0.5%) at the same time as a 1.3% fall in personal income? (Consumer spending rose again in June.) More people are filing first-time claims for unemployment benefits, but the trend is improving? Somehow I think the idea that “the pace of decline [has] moderated” can cut both ways.Read more
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