CEIC 2014: Highlights of “The Intersection of Privacy, Security and E-Discovery” Session

Recent news stories have sparked a worldwide debate about the right to privacy for both individuals and businesses. As the European Union pushes for greater safeguards, tech giants like Google are struggling with the potential implications of the “right to be forgotten.” Here in the United States, several high-profile breaches raised the issue of consumers’ right to know when sensitive information about them has been accessed.

In their discussion at CEIC 2014, 451 Research Analyst and Counsel David Horrigan and Assistant U.S. Attorney Edward McAndrew highlighted several developments that could impact e-discovery and investigations. 

On OpenSSL Security Advisory CVE-2014-0224

After the well-documented, highly publicized Heartbleed flaw in OpenSSL was made public, many of our customers reached out to Guidance Software to confirm whether our products were affected.  At that time, we confirmed: Guidance Software products do not use OpenSSL at all.

On June 5th, 2014, another OpenSSL vulnerability was published: CVE-2014-0224. Once again, Guidance Software confirms our products do not use OpenSSL and are therefore unaffected by the latest published vulnerability in OpenSSL.

Questions? Comments? Add below or reach out to us on Twitter @EnCase. 

Case in Point: Litigation Cash Cow

Out of Cold Storage and Onto Your Screen: Why In-House E-Discovery Review is Taking Hold

Bringing e-discovery review in-house is becoming more common by the week. The days of sending legal assistants and paralegals away to “storage camp” are becoming history not just because of the reality that the overwhelming amount of our business information is stored electronically. It’s because bringing review in house makes sense in terms of early case assessment as well as costs and time.

A few developments in the legal industry are fueling this trend, too. Inside counsel are becoming both savvier about technology and more impatient with the inability to gain oversight on the process when review is always and only outsourced. When counsel asks, “How far along are we in the review process?” and receives an answer like, “Um, it’s hard to quantify exactly,” it’s time to get a different system in place.

Learn New Options from a Field Expert

Betsy McCabe, a principal business consultant for Guidance Software with plenty of hands-on review experience, will present a webinar on Wednesday, April 16^th called, “Taking Control: Benefits and Best Practices for Bringing Review In-House.” 

Join her for a look at research on the expectations of increased corporate litigation, how you and your ever more technologically proficient colleagues now have a number of options for performing review, and how to establish a methodology for secure, flexible multi-party, multi-matter review. You can register here. We hope to see you there.

Comments? We welcome discussion in the Comments section below.

Highlights of the Sedona Conference Institute Program on “eDiscovery in a New Era”

Chad McManamy

Last week I attended the 8^th Annual Sedona Conference Institute Program, “eDiscovery in a New Era: New Technologies, New Media, New Rules.” During the initial session, leaders polled the audience as to how many were first-timers at the event, and a significant number of attendees raised their hands. I've attended the annual event for the past four years, and am encouraged to see more people taking an interest in improving their e-discovery processes.

Zubulake Opinions Still the Standard

This year’s program focused on drawing a finer point on specific issues. Case law is always of interest, but discussions still mostly continue to refer back to cases such as the now classic Zubulake v. UBS Warburg, which led to the issuance of a groundbreaking series of opinions on electronic discovery from Judge Shira Scheindlin prior to the 2006 amendments to the Federal Rules of Civil Procedure (FRCP). At the 2014 Sedona Conference Institute Program and going forward, we are simply further defining the questions at issue. No sea change in opinion or ramifications of these opinions was in evidence this week.