September/October 2007

This monthly digest on litigating in an electronic age is brought to you compliments of TGL Media, a provider of hyperlinked briefs and other litigation support. For more information on TGL Media, please click on the links above.

In this issue:


A Library of Resources for using hyperlinked briefs


Caution: Private E-Mails Might Turn Public

Link: Law.com

Recent headlines have highlighted the blurring divide between professional and private e-mail accounts: The White House and its staffers were subjected to criticism and scrutiny for their use of non-governmental e-mail accounts and BlackBerrys in connection with official business; New York Governor Eliot Spitzer's aides' personal e-mail accounts have been targeted for communications concerning the investigation into the Senate majority leader; and New Jersey Governor Jon Corzine recently declared that he would stop using e-mail entirely in response to legal requests for private e-mails between the governor and his ex-girlfriend.

The overlap between business and personal e-mail and computer use isn't limited to the political arena. An April 2007 survey revealed that 33 percent of employees use personal e-mail accounts at least once or twice weekly for business purposes, and that 17 percent do so daily.


Acrobat and PDF Clones: What you should know . . .

Link: Adobe

Chances are if you are on a legal technology listserve or read blogs, you'll hear about alternatives to Acrobat. Apparently, you can do everything with these alternative products that you can do with Acrobat for $29!

Cheaper is better, right? Maybe not . . .

 


Court to Lawyer: Whitelist the Court Domain Name!

Link:  SpamNotes

This isn’t the first time this has happened – that a lawyer receives an electronic notice from the other side or the court and blames it on the spam filter – but the consequences here are more severe than previously imposed by other courts: Pace v. United Servs. Auto Ass'n, Case No. 05-cv-01562-LTB-MJW, D. Co., 2007 U.S. Dist. LEXIS 49425, July 9, 2007

Is Your Blog Leaking Trade Secrets?

Link: InternetNews.com

While organizations scramble to protect themselves against the next big TJX-style data breach, they're overlooking another risk: social networking. Nearly every organization has an in-house blogger -- officially or not.

Everyone (And Their Grandmother) Is Jumping Into E-Discovery
Link: e-discovery 2.0

Barely a day goes by without some company in a completely different market announcing that they too now have an “e-discovery solution”. Debra Logan at Gartner, who is fast emerging as one of the leading lights of the e-discovery world, tells me she is speaking to 30 vendors for her forthcoming research – and could easily have covered twice that number.

 

The New Federal Rules of Civil Procedure (FRCP):
IT Obligations for Email
   
   

Link:  InBoxer

More than 50 court opinions on electronic discovery have been issued since the Amendments to the Federal Rules of Civil Procedure (FRCP) took effect about a year ago. These opinions can guide organizations and IT departments about which aspects of the FRCP are really important because the courts often base future decisions on prior opinions.

Corrupt official plagiarizes trial apology

Link:  Reuters

Former Communist Party chief of state-owned power company wept as he read a four-page "letter of apology" during his corruption trial, but his sentiments were later found to be strikingly similar to those of a disgraced former party chief of Tongan village




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