The new Federal Rule of Civil Procedure 37(e)(1) allows courts to order relief for the unintentional spoliation of Electronically Stored Information in the form of “measures no greater than necessary to cure the prejudice” to the innocent party.
The recently amended Federal Rule of Civil Procedure 37(e) establishes two categories of conduct that can support an order of relief for the spoliation of Electronically Stored Information.
When dealing with a lawsuit that inevitably will require the production of electronically stored information (“ESI”), one of the first things we (as counsel) have to do is figure out where that ESI resides.
My spouse and I visited Chicago years ago, and confusedly started driving the wrong way down a one-way street.
In Brown Jordan Int’l v. Carmicle, 2016 WL 815827 (S.D. Fla. Mar. 2, 2016) – a case previously written about on February 11, 2016 the Court was required to determine whether certain actions taken by Christopher Carmicle (“Carmicle”), a high-ranking employee running two subsidiaries of an international furniture company, warranted termination of his employment for cause.
There’s no substitute for training employees to avoid opening obviously suspect email and attachments, and HP Enterprise (HPE) issued a report which disclosed “a continued rise in attackers’ success at infiltrating enterprise networks” and as a result “defenders must accelerate their approach to detection, protection, response, and recovery.”
It’s one thing to backup data, and another to verify the backup was a success, but you also should test restoring backup data so you can “fix the issues before data gremlins such as hard drive failures, natural disasters, or ransomware delete your” data and intellectual property according to the article “How to review and test backup procedures to ensure data restoration” which was published on CSOonline on March 29, 2016.
Good Advice from the FBI -9 Ways to Avoid Ransomware Including Not Using the “same Password for Everything”!
Ransomware is in the news every day, so it makes sense to follow the FBI’s warning to avoid paying a ransom of “hundreds to thousands of dollars” for “a type of malware that infects computers and restricts users’ access to their files or threatens the permanent destruction of their information…”
The Chinese People’s Liberation Army attacks American companies every day to try to steal trade secrets and gain commercial advantage for state controlled businesses.