The Experts below are selected from a list of 2316 Experts worldwide ranked by ideXlab platform

Linda Volonino - One of the best experts on this subject based on the ideXlab platform.

  • A Framework for the E-Discovery of Social Media Content in the United States
    Information Systems Management, 2013
    Co-Authors: Janice C Sipior, Linda Volonino, Burke T Ward, Labhras Macgabhann
    Abstract:

    People are using social networking sites SNS for day-to-day communications, outpacing email and texts. SNS are evidence gold mines subject to discovery in investigations, audits, and litigation. This paper examines the Federal Rules of Civil Procedure FRCP, which specifically address electronically stored information ESI, but not social content, as a unique form of evidence. A framework is presented to categorize legal cases according to the degree of e-discovery access granted. One conclusion is caveat usor.

  • e-Discovery for Dummies
    2009
    Co-Authors: Linda Volonino, Ian J. Redpath
    Abstract:

    Discover the process of e-discovery and put good practices in place. Electronic information involved in a lawsuit requires a completely different process for management and archiving than paper information. With the recent change to Federal Rules of Civil Procedure making all lawsuits subject to e-discovery as soon as they are filed, it is more important than ever to make sure that good e-discovery practices are in place. e-Discovery For Dummies is an ideal beginner resource for anyone looking to understand the rules and implications of e-discovery policy and procedures. This helpful guide introduces you to all the most important information for incorporating legal, technical, and judicial issues when dealing with the e-discovery process. You'll learn the various risks and best practices for a company that is facing litigation and you'll see how to develop an e-discovery strategy if a company does not already have one in place. E-discovery is the process by which electronically stored information sought, located, secured, preserved, searched, filtered, authenticated, and produced with the intent of using it as evidence Addresses the rules and process of e-discovery and the implications of not having good e-discovery practices in place Explains how to develop an e-discovery strategy if a company does not have one in place e-Discovery For Dummies will help you discover the process and best practices of managing electronic information for lawsuits.

  • Recognizing the Impact of E-Discovery Amendments on Electronic Records Management
    Information Systems Management, 2009
    Co-Authors: Burke T Ward, Janice C Sipior, Carolyn Purwin, Linda Volonino
    Abstract:

    Abstract Amended rules to the Federal Rules of Civil Procedure (FRCP), which became law in December 2006, are aimed at a single issue—the discovery of electronically stored information (ESI), referred to as electronic discovery (e-discovery). All forms of ESI may be subject to discovery, the investigative phase of a legal case when the parties determine what evidence is, or might be, available. This article addresses concerns of organizations in responding to e-discovery requests and concludes with recommendations for the design and development of an electronic records management (ERM) policy that recognizes the duties imposed by the e-discovery amendments.

  • Don’t Touch That! and Other E-Discovery Issues
    2009
    Co-Authors: Linda Volonino
    Abstract:

    The ability to preserve and access electronically stored information (ESI) took on greater urgency when amendments to the Federal Rules of Civil Procedure went into effect in December 2006. These amendments, referred to as the electronic discovery (e-discovery) amendments, focus on the discovery phase of civil litigation, audits, or investigations. Discovery is the investigative phase of a legal case when opponents learn what evidence is available and how accessible it is. When ESI is the subject of discovery, it is called e-discovery. Recognizing that most business and personal records and communications are electronic, Judge Shira A. Scheindlin stated, "We used to say there’s e-discovery as if it was a subset of all discovery. But now there’s no other discovery.” Computer forensics experts, given their expertise in identifying, acquiring, preserving, and searching ESI, can play a key role throughout the e-discovery process, if they choose to do so. They can also assist in the drafting of the e-discovery request, in preparing the response to such a request, and initiating a legal hold for evidence preservation. The objective of this paper is to provide an overview of the e-discovery amendments and case law, their impact on the duty to preserve and produce ESI, and the computer forensic work that can support the e-discovery process.

  • managing the lifecycle of electronically stored information
    Information Systems Management, 2007
    Co-Authors: Linda Volonino, Janice C Sipior, Burke T Ward
    Abstract:

    In December 2006, amendments to the Federal Rules of Civil Procedure took effect that changed the way companies must handle electronic documents, records, and messages-collectively defined as electronically stored information, or ESI. Any ESI that could become evidence in a federal case, such as interstate lawsuits, compliance regulations (e.g., Sarbanes-Oxley, HIPAA, and OSHA), EEOC and other employment issues, immigration cases, and actions by the Internal Revenue Service, are included. Actually, it is difficult to think of any business document that might not be covered. This article discusses the amended rules, how failure to manage ESI properly can lead to catastrophic results, and how to manage the lifecycle of ESI.

Burke T Ward - One of the best experts on this subject based on the ideXlab platform.

  • A Framework for the E-Discovery of Social Media Content in the United States
    Information Systems Management, 2013
    Co-Authors: Janice C Sipior, Linda Volonino, Burke T Ward, Labhras Macgabhann
    Abstract:

    People are using social networking sites SNS for day-to-day communications, outpacing email and texts. SNS are evidence gold mines subject to discovery in investigations, audits, and litigation. This paper examines the Federal Rules of Civil Procedure FRCP, which specifically address electronically stored information ESI, but not social content, as a unique form of evidence. A framework is presented to categorize legal cases according to the degree of e-discovery access granted. One conclusion is caveat usor.

  • Recognizing the Impact of E-Discovery Amendments on Electronic Records Management
    Information Systems Management, 2009
    Co-Authors: Burke T Ward, Janice C Sipior, Carolyn Purwin, Linda Volonino
    Abstract:

    Abstract Amended rules to the Federal Rules of Civil Procedure (FRCP), which became law in December 2006, are aimed at a single issue—the discovery of electronically stored information (ESI), referred to as electronic discovery (e-discovery). All forms of ESI may be subject to discovery, the investigative phase of a legal case when the parties determine what evidence is, or might be, available. This article addresses concerns of organizations in responding to e-discovery requests and concludes with recommendations for the design and development of an electronic records management (ERM) policy that recognizes the duties imposed by the e-discovery amendments.

  • managing the lifecycle of electronically stored information
    Information Systems Management, 2007
    Co-Authors: Linda Volonino, Janice C Sipior, Burke T Ward
    Abstract:

    In December 2006, amendments to the Federal Rules of Civil Procedure took effect that changed the way companies must handle electronic documents, records, and messages-collectively defined as electronically stored information, or ESI. Any ESI that could become evidence in a federal case, such as interstate lawsuits, compliance regulations (e.g., Sarbanes-Oxley, HIPAA, and OSHA), EEOC and other employment issues, immigration cases, and actions by the Internal Revenue Service, are included. Actually, it is difficult to think of any business document that might not be covered. This article discusses the amended rules, how failure to manage ESI properly can lead to catastrophic results, and how to manage the lifecycle of ESI.

  • AMCIS - Computer Forensics, E-Discovery, and Spoliation: Impact of the New Federal Rules
    2007
    Co-Authors: Burke T Ward, Linda Volonino, Janice C Sipior, Georgina Peterson
    Abstract:

    A challenge for organizations is to manage electronic information without exposing the organization to sanctions in a later lawsuit. Since organizations do not usually voluntarily disclose internal information, the recent amendments to the Federal Rules of Civil Procedure, applicable to the discovery process, can compel an organization to permit an examination of electronically stored information. Failure to comply can result in sanctions. This paper examines the legal discovery process, including e-discovery and spoliation, and proposes record retention policies and practices.

Gregory R. Antine - One of the best experts on this subject based on the ideXlab platform.

  • SANCTIONS FOR E-DISCOVERY VIOLATIONS: BY THE NUMBERS
    Duke Law Journal, 2010
    Co-Authors: Dan H. Willoughby, Rose Hunter Jones, Gregory R. Antine
    Abstract:

    This Article reviews our comprehensive survey of written opinions from cases in federal courts prior to January 1, 2010, involving motions for sanctions relating to the discovery of electronically stored information (ESI). We analyzed each case for various factors, including date, court, type of case, sanctioning authority, sanctioned party, sanctioned misconduct, sanction type, sanctions to counsel, if any, and the protections provided from sanctions by Federal Rule of Civil Procedure 37(e). The survey identified 401 sanction cases and 230 sanction awards and showed that sanction motions and awards have increased over time, particularly in the last five years. Sanctions against counsel are rare but are also increasing. Sanction motions have been filed in all types of cases and in courts across the country. Failure to produce ESI is the most common basis for sanctions. Courts have used a variety of different rules, statutes, and powers to sanction parties for e-discovery violations, including Rule 37 and the inherent power of the court, and courts impose many different sanction types on e-discovery violators, including the severe sanctions of dismissal, default judgment, adverse jury instructions, and sizeable monetary awards. Rule 37(e) has not provided broad protection from such sanctions.

Janice C Sipior - One of the best experts on this subject based on the ideXlab platform.

  • A Framework for the E-Discovery of Social Media Content in the United States
    Information Systems Management, 2013
    Co-Authors: Janice C Sipior, Linda Volonino, Burke T Ward, Labhras Macgabhann
    Abstract:

    People are using social networking sites SNS for day-to-day communications, outpacing email and texts. SNS are evidence gold mines subject to discovery in investigations, audits, and litigation. This paper examines the Federal Rules of Civil Procedure FRCP, which specifically address electronically stored information ESI, but not social content, as a unique form of evidence. A framework is presented to categorize legal cases according to the degree of e-discovery access granted. One conclusion is caveat usor.

  • Recognizing the Impact of E-Discovery Amendments on Electronic Records Management
    Information Systems Management, 2009
    Co-Authors: Burke T Ward, Janice C Sipior, Carolyn Purwin, Linda Volonino
    Abstract:

    Abstract Amended rules to the Federal Rules of Civil Procedure (FRCP), which became law in December 2006, are aimed at a single issue—the discovery of electronically stored information (ESI), referred to as electronic discovery (e-discovery). All forms of ESI may be subject to discovery, the investigative phase of a legal case when the parties determine what evidence is, or might be, available. This article addresses concerns of organizations in responding to e-discovery requests and concludes with recommendations for the design and development of an electronic records management (ERM) policy that recognizes the duties imposed by the e-discovery amendments.

  • managing the lifecycle of electronically stored information
    Information Systems Management, 2007
    Co-Authors: Linda Volonino, Janice C Sipior, Burke T Ward
    Abstract:

    In December 2006, amendments to the Federal Rules of Civil Procedure took effect that changed the way companies must handle electronic documents, records, and messages-collectively defined as electronically stored information, or ESI. Any ESI that could become evidence in a federal case, such as interstate lawsuits, compliance regulations (e.g., Sarbanes-Oxley, HIPAA, and OSHA), EEOC and other employment issues, immigration cases, and actions by the Internal Revenue Service, are included. Actually, it is difficult to think of any business document that might not be covered. This article discusses the amended rules, how failure to manage ESI properly can lead to catastrophic results, and how to manage the lifecycle of ESI.

  • AMCIS - Computer Forensics, E-Discovery, and Spoliation: Impact of the New Federal Rules
    2007
    Co-Authors: Burke T Ward, Linda Volonino, Janice C Sipior, Georgina Peterson
    Abstract:

    A challenge for organizations is to manage electronic information without exposing the organization to sanctions in a later lawsuit. Since organizations do not usually voluntarily disclose internal information, the recent amendments to the Federal Rules of Civil Procedure, applicable to the discovery process, can compel an organization to permit an examination of electronically stored information. Failure to comply can result in sanctions. This paper examines the legal discovery process, including e-discovery and spoliation, and proposes record retention policies and practices.

Dan H. Willoughby - One of the best experts on this subject based on the ideXlab platform.

  • SANCTIONS FOR E-DISCOVERY VIOLATIONS: BY THE NUMBERS
    Duke Law Journal, 2010
    Co-Authors: Dan H. Willoughby, Rose Hunter Jones, Gregory R. Antine
    Abstract:

    This Article reviews our comprehensive survey of written opinions from cases in federal courts prior to January 1, 2010, involving motions for sanctions relating to the discovery of electronically stored information (ESI). We analyzed each case for various factors, including date, court, type of case, sanctioning authority, sanctioned party, sanctioned misconduct, sanction type, sanctions to counsel, if any, and the protections provided from sanctions by Federal Rule of Civil Procedure 37(e). The survey identified 401 sanction cases and 230 sanction awards and showed that sanction motions and awards have increased over time, particularly in the last five years. Sanctions against counsel are rare but are also increasing. Sanction motions have been filed in all types of cases and in courts across the country. Failure to produce ESI is the most common basis for sanctions. Courts have used a variety of different rules, statutes, and powers to sanction parties for e-discovery violations, including Rule 37 and the inherent power of the court, and courts impose many different sanction types on e-discovery violators, including the severe sanctions of dismissal, default judgment, adverse jury instructions, and sizeable monetary awards. Rule 37(e) has not provided broad protection from such sanctions.