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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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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