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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
A significant High Court decision has provided welcome clarification on how far legal advice privilege can extend within large corporate organisations
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