Notable Articles in E-Discovery 2/20/13

Florida Legal Ethics Opinion Clears Way for Cloud Computing (Bob Ambrogi, E-Discovery Search Blog)

"Florida has become the latest state to weigh in on the legal ethics of cloud computing, joining other states that have done so in concluding that lawyers may ethically use cloud computing, provided they exercise due diligence to ensure that the cloud provider maintains adequate safeguards to protect the confidentiality and security of client information."

Facebook Posts and Twitter Invites Don't Violate Non-Solicitation Clause -- Pre-Paid Legal v. Cahill (Eric Goldman, Technology & Marketing Law Blog)

"Employers understandably want to restrict the post-employment activities of their employees and prevent ex-employees from targeting customers and current employees. Although there have only been a few decisions in this arena, courts do not appear willing to restrict social interactions between ex-employees and customers or current employees. And this makes sense. Employers can probably restrict some additional activity around the edges (e.g., posting opportunities that are targeted at customers or employees) but this would probably require very precise contractual language. This would still not result in restricting informal interactions and networking between ex and current employees and customers."

Directors and Information Technology Oversight (Mary Ann Cloyd, PricewaterhouseCoopers on Harvard Law School Forum on Corporate Governance and Financial Regulation)

"Overseeing a company’s information technology activities is a significant challenge for directors. The pace of change in this area is rapid, the subject matter is complicated, and the highly technical language used to describe emerging technologies and evolving risks makes this a challenging area. And many companies are relying more and more on technology to get ahead, often prompting substantial changes in how they operate. All of these factors can make the board’s IT oversight responsibility appear harder than it is."

Adam Losey on Young Lawyers and EDD (video,

Adam Losey, an associate at Foley & Lardner and founder of not-for-profit IT-Lex , discusses how electronic data discovery is a value-add for young lawyers seeking to differentiate themselves in a tight job market.

To Tweet Or Not To Tweet: FFIEC Issues Proposed Guidance On Social Media (Stradley Ronon Stevens & Young, LLP, The Metropolitan Corporate Counsel)

"Financial institutions have significantly increased their online presence and suite of services in recent years, and, in response to that trend, on January 17, 2013, the Federal Financial Institutions Examination Council (FFIEC) issued proposed guidance on risk management for financial institutions impacted by social media. The guidance seeks public comment and addresses the application of laws, regulations and policies to the social media activities of banks, savings associations, credit unions and other nonbank entities supervised by the Consumer Financial Protection Bureau. While it does not impose additional obligations on financial institutions, the guidance assists financial institutions in efforts to ensure that internal risk management practices adequately address the compliance and legal risks, reputation risks, and operational risks posed by social media. The guidance seeks to promote institutional awareness of responsibilities to identify, measure, monitor and control such risks within overall risk management programs."