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Litigation & DR

Disclosure: The ESI Questionnaire’s Debut

March 2, 2010

The new draft Practice Direction on e-disclosure included a draft questionnaire on ESI sources. A newly published judgment from Senior Master Whitaker includes the questionnaire and constitutes the first known example of its use as one element in case management. It has yet to be adopted by the Rule Committee and had not previously been published for voluntary use….

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The Tale of the Doomed IT Contract: A Report on the IT Contract Update seminar

February 25, 2010

David Chaplin reports on the SCL’s Contract Update seminar hosted by Wragge & Co on 24 February…

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ACTA Negotiations and ‘Three Strikes’: EDPS Questions Legitimacy of Proposals

February 23, 2010

The European Data Protection Supervisor has published a report raising concerns about the EU’s negotiations to stop counterfeiting and the ‘three strikes’ rule….

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Why the SABAM v Tiscali Questions Matter

February 22, 2010

In the latest development in the long-running dispute between SABAM and Tiscali, the questions from the Belgian court to the ECJ have been published. Chris Watson, Tom Scourfield and Scott Fairbairn explain why those questions, and of course their answers, might matter to you….

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Trends: E-disclosure and Legal Practice in the Recovery Position

February 19, 2010

Triggered by positive feelings following LegalTech 2010, Chris Dale offers his reflections on an impending upswing, bringing opportunities for litigation software and services suppliers. Developments in e-disclosure give the clue to how law firms can make the most of better times ahead….

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A Lack of Direction

February 18, 2010

Sometimes even the best navigators need an extra pointer. In the terra nova that is e-disclosure, we need as many as we can get….

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Portable Data Security: Ebb And Flow

February 17, 2010

You cannot stop the tide. Whatever security nightmares portable data devices bring with them, Andy Cordial believes that employers have to accept that such devices are going to be used. The trick is to control the devices rather than discourage their use….

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Thou Shalt Stop Copyright Infringers

February 12, 2010

The question of whether ISPs are subject to the 345th Commandment may depend on where they are based….

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ICO Audits: Consultation

February 12, 2010

The ICO is seeking views on its proposals for an Assessment Notices Code of Practice…

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Internet Publication: Jurisdiction over Foreign Web Sites

February 5, 2010

An interesting light is thrown on jurisdictional issues arising from publication by a foreign web site in a new case in the Court of Appeal which dealt with offences relating to racially inflammatory material….

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