Category: Electronic Discovery

Top three issues facing legal counsel, CIO policy challenges and intelligent collection

Focus, we say let’s focus on your industry and what we know can be destroyed. Each client carries different requirements and regulations. For example, the Financial Services industry is regulated by the Securities and Exchange Commission (SEC). The SEC establishes rules for all financial services companies’ business and communication process. In 2000 they required all financial services companies to retain communications between broker-dealers under the 17a-4 for a period of seven (7) years.

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Autonomy, Google and Microsoft battle for SaaS eMail Archiving

Autonomy/Zantaz, Microsoft/Fortiva and Google/Postini are three SaaS based archiving solutions you should evaluate if you are considering hosted email archiving and eDiscovery for Microsoft Exchange. Since Microsoft/Fortiva does not support Lotus Notes Domino, you should limit your research to Autonomy and Google if you also require Lotus Notes Domino support. Autonomy’s Zantaz was founded on the premise of SaaS archiving for Microsoft Exchange and Lotus Notes Domino, whereas Google/Postini started offering it in 2006. Google acquired Postini in 2007 and added significant support and data center services to support their growing Enterprise customer base.

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Forensic acquisition of blogs, bridging the legal and IT gap with synchronized policies

At first they seem disconnected by language used by legal versus language used by IT. In many cases, the technologies are in place to affect policy, but having a good moderator in place is required. At Applied Discovery, we spend time with our clients helping them bridge those policies to the technologies. There are cases where a policy needs to be revisited so technology can be enacted.

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Fortiva was the obvious choice for Dell, but not financially relevant

Fortiva would have been a better option for Dell (NYSE:DELL), had Fortiva been local to the Austin area. According to Praising Gaw, VP of Marketing at Fortiva, they maintain a good business relationship with Microsoft as the sole provider for Microsoft Business Productivity Infrastructure Online Services for Enterprises. Since Dell also values a good relationship with Microsoft, why didn’t Dell Computer Corporation nurture the Fortiva relationship? One obvious answer is there weren’t any vested interests in Fortiva, by Dell Computer Corporation or the Dell family.

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Twitter and Federal Rules of Evidence 803(1) and 803(2), hearsay exceptions

Once you understand the basic premise, it’s simple to see that all sorts of information can be posted to twitter about internal activities or personal matters, in the case of civil litigation. For example, several cases related to health insurance, child custody, etc have been fought or are being fought based on information found in My Space and Facebook. Consequences of twitting on twitter should be similar to existing social media, but twitter won’t be subject to hearsay based on FRCP 803(1) and 803(2).

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Dell saves their investment in MessageOne at the best possible moment

Considering competitive forces from Google, Autonomy and a fleeting partnership with Iron Mountain, it was in Michael Dell’s best interest to save his investment and reel in MessageOne. Moreover, with all the storage activity going on at Dell, the acquisition could propel the MessageOne services to equal footing in the enterprise with Google, making the $12 annual fee for MessageOne a bargain for Dell related technologies.

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