Recent Case Shows Dangers Of Electronic Discovery Mishaps

With practitioners struggling to apply new amendments to the Federal Rules of Civil Procedure dealing with electronically stored information, the recent opinion in In Re NTL, Inc., illustrates the dangers of missteps in electronic discovery. Magistrate Judge Andrew J. Peck administered the harsh sanction of an adverse inference instruction for spoliation of electronic evidence.

The problems began in 2002 when Plaintiffs filed a class-action suit against NTL (Old NTL) for securities violations. Attorneys issued “hold memos,” instructing employees not to destroy documents that could be relevant to litigation. NTL went through a bankruptcy, after which it emerged as two distinct organizations: NTL Europe, the successor to Old NTL and a continuing defendant in the litigation, and NTL, Inc. (New NTL). When Plaintiffs requested discovery, NTL Europe responded by denying it had any responsive documents because they were all in the hands of New NTL. Therefore, Plaintiffs went through the process of obtaining, at their own expense, non-party discovery from New NTL. Even so, a large percentage of emails and electronic documents from key officers were missing.

A series of discovery missteps was revealed by depositions. First, there was an access agreement, established as part of the bankruptcy demerger, that allowed NTL Europe to freely obtain documents from New NTL for use in complying with its legal obligations. In addition to being angry that counsel did not reveal the agreement at an earlier stage, Magistrate Judge Peck held that the access agreement gave NTL Europe control over the documents, regardless of the physical dislocation. NTL Europe therefore had a responsibility to turn them over in discovery, rather than force Plaintiffs to go through the expensive process of obtaining informal, non-party discovery.

The second misstep was NTL’s failure to preserve electronically-stored information. As soon as NTL reasonably anticipated litigation, it had a duty to preserve relevant documents by suspending its normal document destruction policies and implementing a litigation hold. The two hold memos issued were insufficient. Many employees did not receive them, and others ignored them. Neither NTL company reminded its employees to preserve relevant documents and electronically-stored information. New NTL outsourced its IT systems to IBM without communicating any litigation-hold instructions. Moreover, New NTL replaced its computers, donating the old ones to charity, without any regard for saving the emails on the computers. As a result of all this, responsive e-mails and documents from key players involved in the litigation were lost. Magistrate Judge Peck held that the conduct constituted gross negligence, a culpable state of mind. Because NTL had control over relevant documents, and with a culpable state of mind failed in its duty to preserve those documents, a negative inference instruction was warranted.

There are several lessons to be learned from the case. In the global, electronic business environment, control is an expansive concept unlimited by physical geography. It is essential for counsel to get a handle on the client’s information system and know exactly what information the client actually controls. It is not sufficient to passively issue litigation hold memos. Counsel must take active steps to ensure compliance with the litigation hold and to prevent destruction of electronically stored information. This requires a working familiarity with client’s technology, and technological policies. As illustrated in the case, allowing business to proceed as usual can be extremely costly.


http://www.articledashboard.com/Article/Recent-Case-Shows-Dangers-of-Electronic-Discovery-Mishaps/242053

Electronics Directory: Your Source For "magical" Solutions

An electronics directory is an invaluable tool for the following categories of users:

• An electronics engineer seeking to develop innovative products and solutions,


• Businessperson seeking electronic components needed for making their products, and


• Businessperson seeking saleable products to start a business.

Then there is the consumer looking for the best source of some electronic product she or he wants.

A look at electronics, and the contents of a typical electronics directory, would provide a better perspective to understand the value of an electronics directory.

What Is Electronics?

Electronic devices like semiconductors, resistors, inductors, capacitors, nano-structures and the historic vacuum tubes have transformed the way we do many things. Some of these ways would have been considered magic in an earlier age.

Electronics theory is a branch of physics that studies the flow of charges through different materials, and devices like the semiconductors mentioned above.

Electronic applications involve design and construction of electronic circuits to achieve different results. The computers you use produce useful results by using an electronic circuit, for example.

In addition to processing data, as the electronic circuit of a computer does, another main function of circuits involves conversion and distribution of electric power.

What Could You Expect to See in an Electronics Directory?

The following illustrative list shows the kinds of products and services you could locate through an electronics directory.

Access Control and Tracking

Automated Equipment & Solutions

Cables & Accessories

Coding, Marking & Tracking

Connectors and Terminals

Consulting / Design Engineers

Conveyor Systems & Accessories

Electronic Cleaners & Lubricants

Enclosures & Accessories

Intrinsically Safe Equipment for hazardous areas, ...

Printed Circuits Boards design, manufacture, ...

Publications & Engineering Related Software

Research, New Product Developments, ...

RF and Wireless Components

Semiconductors

Semiconductors - Amplifiers

Semiconductors - Computational

Semiconductors - Discretes

Semiconductors - Signal Conversion

Semiconductors - Signal Routing and Conditioning

Semiconductors - Sockets, Heat Sinks & Accessories

Semiconductors - Timing Functions

Test & Measurement - Oscilloscopes, analyzers, loggers, calibration

Training & Education

(Source: engnetglobal.com/ )

Even a layperson would be able to get some idea of what many of the different electronic components do, from lists like the above. The electronic directory also lists services like design consultancy and information sources like relevant publications.

Regional Directories

A regional electronics directory lists only suppliers located in a specific region. Such regional directories do two main things.

Firstly, they help users located in that region to find suppliers near them. Secondly, these directories seek to promote the region's businesses by helping users in other regions know about the products and capabilities available in a particular region.

Conclusion

Electronics underlies many products and services that would have seemed magical even two generations ago. Electronics involves the study of the flow of charges through different materials and devices. The know-how gained thus is utilized in designing electronic circuits that perform useful things like data processing and power conversion. An electronics directory would be an invaluable source of products and services needed by an electronics designer and by businesspersons looking for electronic components and products.


http://www.articledashboard.com/Article/Electronics-Directory--Your-Source-for--Magical--Solutions/277569