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15 December 2011 / Andrew Pike
Issue: 7494 / Categories: Features , Profession , Technology
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Outsmarting technology

Andrew Pike monitors the risks associated with e-discovery

E-discovery. Sounds as though it could be something to do with food additives but in practice it’s a subject which is currently attracting a lot of attention in business circles. E-discovery (short for electronic discovery) essentially refers to the process of recovering e-mail, SMS and other electronic forms of information when it is required for litigation or other commercial purposes.

New risk

More and more employees now have a smart phone or even a tablet computer supplied by their employer which allows flexible working like never before. New technology, of course, brings with it new risks and smartphones and other similar devices are no exception. Businesses are increasingly required to preserve and collect data from an employee’s mobile device for litigation or as part of an investigation.

The dangers of electronic technology first came to the fore in the UK in 1997 when certain employees of Norwich Union falsely suggested in e-mail correspondence that Western Provident Association was insolvent. This resulted in a High Court

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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