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On Dec. 8, 2011, the U.S. District Court for the District of Delaware adopted a “Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI)”[FOOTNOTE 1] that was seven years in the making. The default standard replaces the old ad hoc mixture of the Federal Rules of Civil Procedure, case law, and local rules…
Part 2 of 3: Fundamentals of NDAs Confidentiality/Non-disclosure agreements (“NDAs”) discuss how and when non-public information can be shared between parties and how and when such information may be disclosed to third parties, if at all. Appropriately drafted NDAs focus on information that is valuable or protected and that is not already publicly available. The information should have commercial value (such as non-obvious…
Formulating A Roadmap For E-Discovery by Daniel B. Garrie Today, multiple organizations are forming to develop knowledge standards respective to the field of electronic discovery. These organizations are seeking to define a baseline aptitude to independently gauge a technologist grasp of the core technology components involved in the different systems forming the electronic discovery process….
After establishing the definitions and applicable regulations, the agreement should establish the expectations for data exchange, processing, and disposal. Depending on the sensitivity of the data, encryption in transit or storage may be appropriate. The parties to an NDA often place restrictions on the processing of data once received, including the individuals or functions that will have access and whether the data may be reused for other activities such as testing or aggregation with other sources.
Thus, the significant financial risk associated with poor data security and privacy and related regulatory problems makes it imperative that the security, confidentiality, and integrity of information maintained by the customer be secured and not disclosed without authorization or otherwise in contravention of the terms of the agreement protecting the information.
Legally Sound But Technologically Wrong (2/2) by Daniel B. Garrie & William Spernow In Part One of this article, the authors identified a test case, Trump v. Genger, supporting our thesis that technological misunderstandings almost inevitably leads a court to commit legal error in e-discovery decisions. As described in Part One, the Trump case involved…
