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Electronic discovery is subject to rules of civil procedure and agreed-upon processes, often involving review for privilege and relevance before data are turned over to the requesting party. Electronic information is considered different from paper information because of its intangible form, volume, transience and persistence.
Magistrate Judge Sallie Kim and District Judge Xavier Rodriguez say they regularly see a high percentage of parties appear before them ill-equipped to succeed on e-discovery challenges.
Since the CIGO is a relatively new position, the role's responsibilities are not set in stone and continue to evolve. For the most part, today's CIGOs: Manage all of an organization's information, tapping into as much value from it as possible (e.g., better-targeted marketing) while reducing exposure to its associated risks (e.g., lawsuits)
ESI has become a legally defined phrase as the U.S. government determined for the purposes of the FRCP rules of 2006 that promulgating procedures for maintenance and discovery for electronically stored information was necessary. References to “electronically stored information” in the Federal Rules of Civil Procedure (FRCP) invoke an ...
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Zubulake v. UBS Warburg [1] is a landmark decision in the area of electronic discovery and the burden of costs for such discovery.It was released on May 13, 2003 and was written by Judge Shira A. Scheindlin of the United States District Court for the Southern District of New York.
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The employee needs to understand what is expected of them while the employer needs to establish that rule. With employee monitoring, there are many guidelines that one must follow and put in place to protect the company and the individual. Some following cases are ones that have shaped the certain rules and regulations that are in effect today.