Compressed Discovery from ONSITE3

Compressed Discovery

A monthly look at the electronic discovery arena from ONSITE³

In This Update

Umbrella Rulings Can't Cover All Data

Cast Your Vote

The Masters Conference

ONSITE3 Audio Podcasts

Gartner eDiscovery Webcast

Dear Eric,

This Compressed Discovery update includes a recent article providing analysis of the case of Columbia Pictures Industries v. Justin Bunnell, in which the court ruled that the contents of a computer's Random Access Memory (or "RAM") is discoverable. This ruling could potentially force many companies and individuals to have to store and produce enormous amounts of data that normally would have only existed temporarily in a computer system's memory.

This edition of the newsletter also includes a number of web resources as well as news about industry events that may be of particular interest from an eDiscovery perspective.

We hope you enjoy this issue of our Compressed Discovery monthly newsletter.

Umbrella Rulings Can't Cover All Data | Law.com

Great analysis provided of Columbia Pictures Industries v. Justin Bunnell.

When is enough preservation too much? Many legal professionals cringed when Magistrate Judge Jacqueline Chooljian of the U.S. District Court for the Central District of California, held that the duty to preserve required the activation of a logging function to enable the retention of serve log data in random access memory, where the information that would be captured by that step was predictably at the heart of a highly contested copyright infringement case. See Columbia Pictures Industries v. Justin Bunnell, Case No. CV 06-1093 FMC(JCx), 2007 U.S. Dist. Lexis 46364 (May 29, 2007).

Critics charge that the decision misconstrues the intent of the 2006 electronic data discovery amendments to the Federal Rules of Civil Procedure, and presages an unwarranted expansion of data preservation requirements.

At the heart of the complaints about Columbia Pictures is the contention that information in RAM is typically so ephemeral or transitory that it shouldn't be deemed to be "stored" within the meaning of amended Rule 34(a), which applies the discovery rules to "electronically stored information." Chooljian rejected that argument by holding that Rule 34 did, in fact, apply because of a 9th Circuit U.S. Court of Appeals copyright decision holding that information in RAM was sufficiently fixed to constitute more than a transitory existence.

For the complete article, click here.

To learn how your organization can become Discovery Ready, click here.

Cast Your Vote In The 2008 Law Technology News Awards

ONSITE³ has been nominated in three categories: New Product of the Year (July 06-July 07), Electronic Data Discovery Systems - SERVICE, and Litigation Support Consultant.

Have an opinion about eDiscovery products and services? Law Technology News subscribers can vote online now for the 2008 LTN vendor awards before the October 31, 2007 deadline. Finalists will be announced November 16th, with winners being announced during the LegalTech New York event in February 2008. You will need to provide your subscriber id found on the front of your copy of Law Technology News.

Interested in casting your vote? Click here.

The Masters Conference Names Esteemed Speakers, Session Topics and Panel Discussions | Press Release

Conference Theme Focuses on E-Landscape and the FRCP Fallout.

The Masters Conference, an educational conference staffed with well-respected and knowledgeable experts in the legal profession, announced its roster of esteemed speakers, session topics and panel discussions. The second annual The Masters Conference: E-Landscape and the FRCP Fallout is October 25-26, 2007, at Ronald Reagan Building, 1300 Pennsylvania Avenue, NW, Washington DC.

Esteemed speakers for the conference include electronic discovery household names such as Michael Arkfeld, Jim Daley, Ronald Hedges, Adam Cohen, David Cohen, Michael Clark, Monica Bay, Dan Regard, Warren Kruse, John Tredennick and Ralph Losey, to name a few.

The Masters Conference - E-Landscape in the FRCP Fallout will give attorneys and legal professionals the opportunity to prepare and learn about such pertinent topics as:

�    The Changing Rules of Litigation
�    Cost Containment Strategies
�    E-Discovery from the EU Perspective
�    The Responses of the States to the Amended Rules of Civil Procedure
�    Foreign Language Issues in E-Discovery
�    Computer Forensics
�    Sedona 2007 and Beyond
�    Financial Data Discovery Under the New Rules
�    And much, much more

Unique to legal conferences, a newly formed organization, Women in eDiscovery, will have its own session and panel discussion of eDiscovery experts sharing their own knowledge, expertise in litigation readiness. This panel will be moderated by Monica Bay, editor-in-chief of LTN, and author of popular blog, The Common Scold.

During last year's The Masters Conference: E-Practice in the Electronic Age, more than 200 attendees learned from industry experts as to what might happen once the new rules took effect.

This year's Masters Conference will draw from industry experts and consultants to provide a forum of discussion that addresses the new reality. Being 'litigation-ready' now requires due diligence on the part of attorneys and litigation support directors alike.

To learn more about the Masters Conference, click here.

ONSITE³ is sponsoring this year's Masters Conference. To learn more about ONSITE³, click here.

"Talking eDiscovery" Audio Learning Series | ONSITE³

Audio podcasts provide a great primer for electronic discovery.

ONSITE³ recently published a free educational audio learning series on electronic discovery called "Talking eDiscovery". This three part podcast series covers the following topics:

Episode 1: Improving Online Document Review

Debra Rozier, VP of ASP Services for ONSITE³, discusses the role and importance of online document review during the electronic discovery process. This audio episode also features an inside look at ONSITE³'s new eView review platform, designed to empower users with improved workflow management and greater visibility into all aspects of their document review projects.

Episode 2: Effective Processes and Technology

Chris Jurkiewicz, Director of Electronic Data Discovery for ONSITE³, discusses the processes and technologies needed in order to effectively address the challenges associated with electronic discovery. This audio episode also features an inside look at ONSITE³'s Electronic Evidence Enterprise (E3) platform, designed to streamline EDD processes for fast, high-quality results.

Episode 3: The Role of Computer Forensics

Jeffery Fehrman, President of Electronic Evidence Labs (a division of ONSITE³), discusses the role and importance of computer forensics during the electronic discovery process. This audio episode also features an inside look at ONSITE³'s range of identification, preservation, and collection services including an overview of its new First Line Analysis service.

Note: Transcripts for each episode are available.

Click here to select an episode from the "Talking eDiscovery" Audio Learning Series.

Overcoming The Challenges Of E-Discovery - Gartner Webcast

Developed in conjunction with Gartner Research and Debra Logan (VP of Research for Gartner), the following 20+ minute online presentation provides a general overview of the challenges of electronic discovery as positioned by an industry leading analyst (Ms. Logan) and provides details presented by Karen Schuler (VP of Consulting for ONSITE³) regarding how ONSITE³ can address these challenges with our portfolio of eForensics, eDiscovery, eReview and Consulting offerings.

This webcast is sponsored by ONSITE³ - The One Source For Litigation Support.

00:00 - 01:05 Introduction

01:06 - 01:47 The definition of eDiscovery

01:48 - 03:02 Increased Need for eDiscovery Services: The Drivers

03:03 - 03:56 The eDiscovery Market

03:57 - 05:10 The Importance of the eDiscovery Market Size

05:11 - 06:46 Key Components of eDiscovery Process

06:47 - 07:48 Considerations for Building eDiscovery Processes

07:49 - 09:12 Evaluating Consulting Services in Support of eDiscovery

09:13 - 10:44 Conducting eDiscovery: In-House or Outsource?

10:45 - 12:08 Benefit of Selecting a Full-Service Outsource Provider

12:09 - 13:24 Trends Influencing eDiscovery Decisions

13:25 - 14:59 Vendor Selection Criteria

15:00 - 16:03 About ONSITE³

16:04 - 17:00 Challenges Facing Corporate Litigators

17:01 - 17:58 Challenges Facing IT Leaders

17:59 - 19:06 Addressing the Challenge of Discovery Readiness

19:07 - 20:10 How can ONSITE³ Help with Discovery Readiness?

20:11 - 21:37 How can ONSITE³ Help in the Conduct of Discovery?

21:38 - 21:16 How is ONSITE³ Positioned in the Market?

21:17 - 22:25 Closing

To view this webcast, click here.

	This Week's Featured Web Resource: Wikipedia
Written collaboratively by volunteers from all around the world, Wikipedia one of the largest reference Web sites on the Internet and, among the many topics covered, includes a nice article about Electronic Discovery. To read what Wikipedia has to say about eDiscovery, click here. ONSITE³ has some great industry resources about eDiscovery. To learn more, click here.

Relevant Resources

Need An eDiscovery Problem Solved?

Have A Copy Of The New Rules?

ONSITE³'s free guide, "The New E-Discovery Rules," explains the impact that the new Federal Rules of Civil Procedure will have on your practice.

Including excerpts from the September 2005 Report of the Committee on Rules of Practice and from the May 2005 Report on the Civil Rules Advisory Committee, the guide represents a great resource for any attorney or litigation support manager concerned about the new rules.

Click here to request your free copy.

Estimating The Size Of Your Next eDiscovery Project?

If you are estimating the size your next e-discovery project, you may want to get a free, no obligation estimate using ONSITE³'s eDiscovery Estimator. The eDiscovery Estimator operates regardless of your e-discovery vendor and is designed to ensure that no data is removed from your computer or network during the estimation process. Additionally, you can use the eDiscovery Estimator as often as you like - at no cost.

To sign up to try this new tool, click here.

ONSITE3 is a leading global provider of one-source litigation support for law firms and corporations, working anywhere around the world. ONSITE3 offers end-to-end solutions - including forensics, discovery, review, and consulting services - for meeting today's litigation needs and tomorrow's litigation challenges. With over 10 locations nationwide and international support capability, ONSITE3 was recently voted as a top e-discovery vendor in the 11th Annual AmLaw Tech Survey, #1 for Litigation Support Services by the AmLaw 200, and recognized as a top-five provider of Electronic Discovery Processing Services in the 2007 Socha-Gelbmann Electronic Discovery Survey. An active participant in the Electronic Discovery Reference Model (EDRM) project and the Sedona Conference, learn more about ONSITE3 by calling 1-877-433-5227 or visiting www.ONSITE3.com.