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Comment Not Cutting Edge Law (Score 2, Informative) 103

The federal rules for civil procedure (FRCP) were updated in 2006 to address issues like this. Part of the FRCP is what guides production formats during civil suits. A lot of state courts are now using the FRCP as a guide for developing their own standards with regards to management of electronic data for legal purposes. This is the rule, pretty clear. http://www.law.cornell.edu/rules/frcp/Rule34.htm

Previously if you have 10,000 emails you could just print them out to loose piles of paper and turn over boxes (sometimes 100s of boxes) of paper to opposing counsel. After 2006 there is a default that the other side of a lawsuit is entitled to the documents in the same format they are kept in the course of business. This includes meta data and it is specifically mentioned in the FRCP. Most lawyers will make agreements during their discovery conferences (aka 30b6) to agree to production formats that both sides won't find unduly burdensome.

Comment Re:This should be a lesson... (Score 1) 780

Smart move; I applaud your initiative.

You are both setting yourselves up for a fall.

If your company is ever sued one of the first things that will happen is the legal department will start going through your records retentions policies. Things like: destroy all deleted data from backups after two weeks, etc. They will relay this information to the rest of the parties involved. Do you know how poorly the court takes it when they find out a year into a litigation that there is a secret stash of backed up data...*any data you were supposed to report on* that you didn't disclose?

I'd have fired you.

Comment Needs position, search combining (Score 1) 171

I want to be able to search like this:

1) term1 near2 term2
2) term2 near10 term 3
3) result_set1 not result_set2

You see a lot of search engines in the legal world that support this style of searching (dtSearch, Concordance).

So far as I know Lucene (solr?) is the only common engine that supports this sort of search.

Comment Re:This makes my blood boil (Score 1) 470

He should have hired his own forensic specialist to do create a defensible backup and analysis before going to court, which is what most law firms will advise their clients to do (in fact they have a responsibility to do) when they are facing a pending litigation and know that there is discoverable data on the drive.

Comment Re:I call bull on the above statement! (Score 2, Interesting) 470

"By the way, when you copy a file across a file system, from one drive to another, it gets a new creation time, so if all the files were "created" on a single day, that was when they were migrated over."

Not on a Windows system it doesn't. The only time you get a new date on it is when you download from an external system, or you manually change the date/time stamp.

You are looking at date_mod, not date_create there smart guy. I hire forensic experts and the AC seems to have a pretty solid grip.

Comment Re:No Pippin 2.0 (Score 1) 245

On the other hand, it's good to see that they're leaning towards Wiimote-like gesture-based control as opposed to 1:1 motion mapping. It's the best of both worlds: the abstraction of buttons alongside the immersion of motion.

The new Wiimotion Plus gives you 1:1, which is what I was looking for in the original Wiimote (weren't most people?).

Abstraction of buttons? I'd prefer buttons instead of simply moving my hand to simulate pressing them.

Comment Re:A Few Helpful Lists (Score 1) 287

You are obviously in a small firm. Big litigation practices will regularly have terrabytes of data exchanged in the course of discovery - usually emails and office types of documents that convert well to images (standard is GroupIV tiff). Printing these would fill mountains of storage.

This is a relevant issue to modern IT with respect to enterprise law firms.

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