Daniel Garrie

legalsolutions.thomsonreuters.com — This publication focuses on professionals engaged in or conducting arbitration or dispute resolution in the context of electronic discovery. The discussion includes a review of the core issues on electronic discovery and makes recommendations on how to handle these issues in the arbitration environment.

Huffington Post — Attacking the Weakest Link: BYOD in the Law Firm Culture By Daniel B. Garrie, Esq., co-authored by Valerie Strumwasser, Esq., Associate General Counsel at Law & Forensics Law firm culture has long focused on the ability of its attorneys to bring a high level of thought and analysis to every legal case on its roster. However, similar care has not been spent by firms when it comes to data security. For many firms, hiring world class security engineers to work full time is seen as impractical. And, acquiring the right hardware and software solutions is too costly.

legalsolutions.thomsonreuters.com — Description Reflecting decades of litigating experience, Plugged In: Guidebook to Software and the Law is written by a prominent federal judge and a nationally recognized computer specialist who is also a litigator and an electronic discovery expert. Written for lawyers and judges, this work makes highly technical concepts understandable.

Huffington Post — In a recent decision by the court in Keaton v. Hannum (S.D. Ind. Apr. 29, 2013), the court determined that it was unreasonable for the defendant to refuse to produce Gmail emails in native format, because she had previously produced emails in what the court called "a 'native'...

Huffington Post — In a recent decision by the court in Keaton v. Hannum (S.D. Ind. Apr. 29, 2013), the court determined that it was unreasonable for the defendant to refuse to produce Gmail emails in native format, because she had previously produced emails in what the court called "a 'native' file for Gmail emails." The court's use of quotation marks around the word "native," in this context, indicates that they refer to a file that is produced in its original format and usually retains all related metadata (data about data, including when it was created, by whom, how, and so forth).

www.law.washington.edu — This Article analyzes the Federal Circuit’s Model Order Regarding E-Discovery in Patent Cases (the “Model Order”). The Article briefly describes the purpose behind the Model Order, describes its key provisions, analyzes the Model Order to identify some areas of continuing concern, and defines predictive coding to examine the impact, or lack thereof, on the Model Order. The Author concludes that, while it is beyond refute that the Model Order is an appropriate step toward controlling and managing e-discovery, the Model Order is only the first step. In this regard, several problems, as set forth below, can potentially arise when counsel or the courts use the Model Order. It is hoped that this Article will encourage judges, litigants, and other interested parties to continue trying to solve the continuously troubling aspects of e-discovery and e-discovery abuse

ed.ted.com — Cyberwarfare is an emerging and rapidly changing field. The jurisprudence on cyber warfare is a blank slate. What may have sounded farfetched and technical ten years ago is found in mainstream media almost daily (look no further than Vanity Fair or Homeland, not to mention the news). While war is not a new topic, the battleground is moving from a physical location to a virtual one. Since armed conflict has existed as long as humankind there have been legal frameworks created to establish acceptable conduce during war. Find out more about the existing laws around war.

Huffington Post — What is not cyber warfare? Al-Qaeda terrorists fly two jetliners into the twin towers killing almost 3,000 people. An American plane flies over Hiroshima and drops an atomic bomb killing over 90,000 people. The Nazis force hundreds of thousands of people into gas chambers and kill millions of people. A group of soldiers execute hundreds of innocent people. A military releases poisonous gases upon opposing forces. All of these actions if committed constitute acts of war and war crimes (albeit some may argue that not all of these acts constitute war crimes).

blog.legalsolutions.thomsonreuters.com — As a party selected mediator and court appointed e-discovery neutral, special master, and forensic expert, I have had the fortunate opportunity over the course of the past several years to be involved in many matters in federal and state court. Recently, a light bulb went off: the benefits of e-discovery mediation should be considered by a wider audience as a means to save time, money, and ensure e-discovery for the most part is kept out of the courtroom, while the real issues are litigated in front of a judge.

www.law360.com — Law360, New York (April 23, 2013, 11:59 AM ET) -- Law firm culture has long focused on the ability of its attorneys to bring a high level of thought and analysis to every legal case on its roster. However, similar care has not been spent by firms when it comes to data security. For many firms hiring world-class security engineers to work full-time is seen as impractical or acquiring the right hardware and software solutions is too costly. What firms do not realize is that client service must include these steps to ensure that all of...

blog.legalsolutions.thomsonreuters.com — This article address the increasingly common cross-border litigation and how the response to electronic discovery ("e-discovery") differs among civil and common law jurisdictions. Businesses across the world employ computer technology in their daily operations and the challenges they confront are often uniform with respect to the collection, review, production, and overall management of e-discovery - irrespective of the forum or national venue. The global hurdle of e-discovery will undoubtedly continue as the utilization of cloud-based computing replaces traditional local infrastructures.

www.metrocorpcounsel.com — Litigation has transformed over the past two decades from discovering documents in file cabinets to discovering a smoking gun in an email or Twitter posting. Nearly all information in today's digital world is created and maintained exclusively in electronic form. This deluge of data has created a document review tsunami. Currently, keyword search is the primary means of document retrieval even though various studies have concluded that keyword search has limited reliability at returning the most responsive documents in a litigation matter. However, condemning keyword search technology is unfair in this context, as keyword search was until recently the only viable means of retrieval.

www.americanbar.org — Conducting keyword searches in large volumes of electronically stored information (ESI) is often an unavoidable step in the process of electronic discovery. Companies and counsel faced with e-discovery have little choice but to use search terms, or keywords, in a threshold exercise to separate relevant from nonrelevant information. This is because traditional document review techniques involving hard copies are not practical or financially feasible when reviewing a nearly endless amount of documents in electronic form. Counsel, therefore, tend to identify valid search terms and apply those terms to a designated set of documents.

www.legalcurrent.com — Cloud computing. A term regularly discussed in the technology arena, but what does it really mean to legal professionals? The common definition is the delivery of hosting data and other services over the Internet. But instead of storing data on your servers in the office basement, the data and applications are stored remotely, with access to these through the Internet. Now that you may be able to at least have a basic conversation with your IT professional, there is still much to understand and consider regarding cloud computing. Daniel Garrie, Esq. provided a four-part series called "The Lawyer's Guide to Cloud Computing" for Westlaw Insider.

www.law360.com — This article analyzes the Federal Circuit's model order regarding e-discovery in patent cases.[1] The article (1) briefly describes the purpose behind the model order, (2) describes its key provisions, and then (3) analyzes the model order to identify some areas of continuing concern. The authors conclude that, while it is beyond refute that the model order is a step in the right direction in the courts' efforts to control and manage e-discovery, the model order is only a first step. In this regard, several problems, as...

www.newyorklawjournal.com — Daniel B. Garrie, a partner at Law & Forensics, an e-discovery and forensics firm, writes that a new Default Standard, seven years in the making, replaces the old ad-hoc mixture of the Federal Rules of Civil Procedure, case law, and local rules which previously governed discovery in the Delaware federal courts.

www.rmmagazine.com — One important feature of professional sports is the interdependence between the player, the team and the league. This interdependence helps make professional team sports wildly successful, but also creates a number of unique legal issues. One that has come up multiple times in recent years is the extent to which these interdependent entities must police and preserve each other's documents and information. This issue is not academic. To the contrary, the question of who legally controls which document has become increasingly important for various reasons. The first is the sheer amount of information created every day in this electronic age.

www.jdsupra.com — "A 'smackdown' event on January 7, 2008 resulted in a 'right hook to the chin' of the plaintiff?s attorneys in Qualcomm, Inc. v. Broadcom Corp.1 In a San Diego California federal courtroom, the attorneys felt the pain of an $8.6 million dollar "knockout" sanction for failure to produce discovery,2 which left everyone, including lawyers and your everyday court watchers, stunned. The sanctions were imposed by Magistrate Judge Barbara L. Major for discovery violations,3 . . . uhm, that would be e-discovery, thank you very much!" Daniel B. Garrie & Matthew J.

www.amazon.com — The paper discusses the subject of network neutrality from an American and European legal perspective. While acknowledging the plethora of literature on network neutrality, it argues that regulation in favor of network neutrality should not be confined within the U.S./European borders, but rather network neutrality should be addressed from a global perspective through the OECD/WTO. The article will begin by defining network neutrality before discussing the technology underpinning network neutrality. It will compare the different legal approaches adopted by Europe and the United States to the regulation of network neutrality.

www.fclj.org — This article examines the legal status of Spyware under federal and common law in the United States of America. The Authors begin with a technical overview of Spyware technology, which covers Spyware's functionality, methods of dispersion, and classification. The Authors then analyze the treatment of Spyware under the Computer Fraud and Abuse Act, the Stored Communications Act, the Wiretap Act, and under general tort claims of trespass to chattels, invasion of privacy, and intrusion upon seclusion.

digitalcommons.law.seattleu.edu — 10101101: Is this sequence of digits voice or data? To a computer, voice is a sequence of digits and data is a sequence of digits. The law has defined 10101101 to be data, and 10101001 to be voice communications. Courts have constructed a distinction between data, 10101101, and voice, 10101001. However, that distinction is blurred when voice and data are simultaneously transmitted through the same medium. The courts forbid third parties to tap or monitor voice communications, yet permit data packets to be tracked, stored, and sold by third parties with the implied consent of either party engaged in the transaction.

Northwestern Journal of Technology & Intellectual Property — This article discusses challenges that judges face in determining the truth of a matter at hand. Most difficult of all is ruling on issues that pivot on digital evidence. Gone are the days when the most technically challenging decision was determining if evidence on a floppy disk had been destroyed because a litigant exposed it to a strong magnetic field.

scholarship.law.duke.edu — Consumers and businesses have attempted to use the common law of torts as well as federal statutes like the Computer Fraud and Abuse Act, the Stored Wire and Electronic Communications and Transactional Records Act, and the Wiretap Act to address the expanding problem of spyware. Spyware, which consists of software applications inserted into another’s computer to report a user’s activity to an outsider, is as innocuous as tracking purchases or as sinister as stealing trade secrets or an individual’s identity.

www.lawtechjournal.com — ¶2] Currently, courts determine whether to grant cost-shifting relief in e-discovery disputes by applying a seven-part test, or some variation thereof, established in Zubulake v. UBS Warburg. While the Zubulake cost-shifting test is a considerable improvement over prior cost-shifting approaches, the test is not a panacea. Applications of the Zubulake cost-shifting test can occasionally produce harmful and unjust outcomes in three ways: first, applications of the Zubulake test encourage litigants to use e-discovery blackmail by creating financial incentives for wealthy producing parties to settle claims rather than comply with expensive e-discovery requests.