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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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