Court Orders Production of Non-Privileged Emails in Chain of Otherwise Privileged Emails

As originally published in Forbes.  In an important Order, Magistrate Judge Kathleen Tomlinson of the Eastern District of New York held that a non-privileged intermediary email in a chain of otherwise privileged emails cannot be withheld from discovery requests. In Benefitvision, Inc. v. Gentiva Health Services, Inc. (E.D.N.Y. May 23, 2011), the court considered the plaintiff’s…

What Technology-Assisted Electronic Discovery Teaches Us About The Role Of Humans In Technology

As originally published in Forbes. Co-authored by Amanda Jones & Ben Kerschberg If 2011 was the year of technology-assisted document review, 2012 will be the year of re-humanizing technology-assisted review at its most strategic points. Going forward, the focus will be not only on the foundational role humans play in guiding document assessment, but also on the…

Your Ethical And Legal Duties When Using Wireless Networks

As originally published in Forbes. The cat-and-mouse relationship between technology and the law requires attorneys to examine how their use of new technologies triggers professional duties and responsibilities. This article will focus on attorneys’ use of wireless networks in particular, which is the focus of the The State of California Standing Committee on Professional Responsibility and…

Data Security and Identity Access Management

As originally published in Forbes. Data security is too often discussed at the macro level of data slicing, virtualization, and issues related to public vs. private clouds – extremely important concerns. I have been guilty of this, and of focusing on corporate firewalls and security concerns that arise outside of them (see above). This traditional focus…

Names to Know in Big Data: Hitachi Data Systems (HDS)

As originally published in Forbes on October 25, 2011. Pairing Big Data with business intelligence (“BI” or analytics) is revolutionizing the business world in profound ways and at a dizzying pace. In terms of pure volume, the latest IDC Digital Universal Study reports that more than 1.8 zettabytes—10 to the power of 21 bytes—of information will be…

When Technology Disrupts Enforcement of Judicial Decisions

As originally published in Forbes on October 17, 2011. Contemporary discussions of the relationship between law and technology understandably focus on the inability of the law to keep pace with rapid advancements in technology. Issues related to electronic discovery, cloud computing, social media, and data privacy immediately come to mind. This dynamic has been described accurately as a cat and mouse…