Archive: May 2008

1
Maryland Law Firm Seeks Guidance on Whether Electronic Transmission of Data to Legal Process Outsourcing Company in India Waives Fourth Amendment Protections
2
SEC Proposes New Way for Investors to Get Financial Information on Companies
3
E-Discovery Problem Solving for Paralegals
4
E-Discovery Compliance Starts with Records Management Plan
5
Court Sets Protocol for Forensic Inspection of Plaintiff’s Computer Systems

Maryland Law Firm Seeks Guidance on Whether Electronic Transmission of Data to Legal Process Outsourcing Company in India Waives Fourth Amendment Protections

The law firm of Newman McIntosh & Hennessey, LLP of Bethesda, Maryland, has filed a federal lawsuit seeking declaratory and injunctive relief in order to gain certainty about whether the electronic transmission of data from the United States to a foreign legal services provider waives Fourth Amendment protection with respect to the data that is electronically transmitted.  The complaint explains the nature of the action as follows:

India-based Acumen Legal Services (India) Pvt., Ltd. (“Acumen India”) has solicited Newman McIntosh & Hennessey, LLP (“NMH”) to provide litigation support services to NMH from its offices in India.  Acumen India is part of a fast-growing industry of Legal Process Outsourcers (“LPO”) that promise lower litigation support costs through outsourcing litigation support services to foreign nationals who live and work overseas.  Acumen India, and other such LPOs (“litigation process outsourcers”), provides its litigation support services through the electronic transmission of documents and other data from U.S.-based law firms to Acumen India’s offices.  In its solicitation of NMH’s business, Acumen India informed NMH that it already provides such litigation support to certain District of Columbia and U.S. based attorneys (herein designated as “John Doe, Esq. and Jane Doe, Esq.”).  On information and belief, John Doe, Esq. and Jane Doe, Esq. are competitors to NMH or are adverse to NMH clients in litigation.

Read More

SEC Proposes New Way for Investors to Get Financial Information on Companies

Proposal Would Set New Electronic Records Management Requirements for U.S. Companies

Yesterday, the Securities and Exchange Commission voted unanimously to formally propose using new technology to get financial information to investors faster, more reliably, and at a lower cost.  The proposed rule would require all U.S. companies to provide financial information using interactive data beginning next year for the largest companies, and within three years for all public companies.

The SEC’s proposed schedule would require companies using U.S. Generally Accepted Accounting Principles with a worldwide public float over $5 billion (approximately the 500 largest companies) to make financial disclosures using interactive data formatted in eXtensible Business Reporting Language (XBRL) for fiscal periods ending in late 2008.  If adopted, the first interactive data provided under the new rules would be made public in early 2009.  The remaining companies using U.S. GAAP would provide this disclosure over the following two years.  Companies using International Financial Reporting Standards as issued by the International Accounting Standards Board would provide this disclosure for fiscal periods ending in late 2010.  The disclosure would be provided as additional exhibits to annual and quarterly reports and registration statements.  Companies also would be required to post this information on their websites.

Read More

E-Discovery Problem Solving for Paralegals

Thursday, May 22, 2008
9 a.m. – 4:30 p.m.
Washington State Convention & Trade Center
800 Convention Place
Seattle , Washington

This intermediate-to-advanced level seminar will provide attendees with practical strategies for handling emerging e-discovery issues.

K&L Gates Seattle partner Julie Anne Halter will speak on several different subjects relating to e-discovery, including the scope of the duty to preserve, litigation holds and related duties, accessible/inaccessible data and cost shifting.

Click here for more information, or to register.

E-Discovery Compliance Starts with Records Management Plan

K&L Gates Pittsburgh partner David R. Cohen’s presentation at the recent RIMS 2008 Conference was highlighted in the May 5th edition of Business Insurance.  At the San Diego event, Mr. Cohen recommended to the insurance industry crowd that companies create an e-discovery team and institute a records management plan.  He also explained how the failure to produce electronic records timely and properly can result in significant penalties for litigants.

Read the complete article online here.

Court Sets Protocol for Forensic Inspection of Plaintiff’s Computer Systems

Ferron v. Search Cactus, L.L.C., 2008 WL 1902499 (S.D. Ohio Apr. 28, 2008)

In this case, plaintiff (a lawyer) brought claims under the Ohio Consumer Sales Practices Act based upon emails he received.  Because only the unsolicited emails plaintiff received would support his claim under the Act, it was necessary for the parties to ascertain which of the emails plaintiff received were unsolicited.  Plaintiff’s computer systems contained the only available documentary evidence that could show the pathways taken by plaintiff to solicit the emails or the absence of those pathways.

Defendants requested an inspection of plaintiff’s computer systems so as to ascertain whether plaintiff’s efforts with respect to receiving the emails and visiting the websites (that were at the heart of the action) constituted a consumer transaction under the OCSPA, or whether plaintiff’s opening of the emails and any attempts to obtain free merchandise were part of a business designed to profit from email litigation

Read More

Copyright © 2015, K&L Gates LLP. All Rights Reserved.