In this episode of Digital Detectives, Sharon Nelson and John Simek interview ESI preservation expert James Kurz about how Rule 37(e) works and what the consequences are for the future of ESI preservation. Kurz explains that the rule, which only deals with ESI, proposes a three part test before considering spoliation issues: the ESI should have been preserved in the anticipation or conduct of litigation and is lost, the ESI was lost because the party failed to take reasonable steps to preserve the information, and the missing information cannot be restored or replaced with additional discovery. If this test is passed, the federal court may then impose remedies, or if intention is proved, order more serious sanctions. He explains that Rule 37(e) will make a more homogenous legal process for e-discovery, and will solve some of the controversy surrounding the costs of ESI preservation and e-discovery for businesses. Although the rule faces the Judicial Court, Supreme Court, and then Congress, Kurz believes it will go through and be effective in December 2015.
Archives for September 2014
#SenseiSherlock made friends with legal ethics expert Tom Spahn at the inaugural meeting of the Virginia State Bar’s Future of Law Committee, on which Sharon also serves.
#SenseiSherlock enjoyed getting a hug from Renae Patrick before Sharon and John gave a cybersecurity CLE for the Winchester-Frederick Bar Assn.
Virginia State Bar President Kevin Martingayle has appointed Sensei President Sharon Nelson to serve on the Special Committee on the Future of Law. The Committee will study and report on a number of issues, including the ownership of law firms by non-lawyers, which is currently prohibited in Virginia.
#SenseiSherlock enjoyed talking with Dick Byrd and Dan Gray before they gave an engaging presentation on Sensei’s VADER divorce software in Fairfax.
Should you buy the iPhone 6 or the iPhone 6 Plus? From our friends “across the pond,” here’s a good comparison and review of both phones.
Sensei Enterprises sponsored a wine tasting at the Wine House in Fairfax as a way to bring young lawyers together with members of Law Practice Management (LPM) Section. All young lawyers need to know something about LPM. Sharon Nelson, Former Virginia State Bar (VSB) President, had many discussions with the young lawyers about involvement with the VSB. It was a great event that Sensei was honored to sponsor!
#SenseiSherlock posed with paralegal extraordinaire Joanne Randa and Sharon before Sharon and John presented “What’s Hot in E-Discovery” to the Paralegal Association of Northern Virginia.
Sensei’s VP, John Simek, has recently created and published an Information Technology blog called Your IT Consultant. Your IT Consultant offers news and advice on information technology topics, including computers, laptops, tablets, smartphones, operating systems, security, networks, wireless networks, software applications – and the ability to ask questions!
#SenseiSherlock was thrilled to meet Young Lawyers Section members Michael Snodgrass and Joyce Yoon at the Wine Tasting Party at The Wine House sponsored by Sensei Enterprises!