It was a Friday evening, and I was worn out from a long week investigating and then filing a motion for a temporary restraining order in an out-of-state trade secrets dispute. My client was steamed, and eager to pounce on the opponent. Naturally coming home didn’t stop my mind from working continuously, reexamining facts, law, and what I could have done differently in our very aggressive briefing. As I was rocking my infant daughter to sleep and I started to relax, my mind became more contemplative, and I realized that perhaps, perhaps I should have taken some steps that some might call “collaborative” instead of assuming the worst about the other side and its counsel…

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A new article in SC Magazine (aimed at IT Security professionals) makes the argument for a unified approach to e-discovery and compliance when considering an ECM (enterprise content management) solution. The article lists requirements for a truly effective and comprehensive sytem, and makes the point that much of a company’s valuable data (the article claims 80%) are held outside what is usually captured in an ECM system. The article advocates for integration of “ECM Lite” – an add on to the ECM system that does not fully capture the data into ECM but does enough to enable some control and indexing of that data.

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The day has come where a citizen can testify, “I wasn’t speeding and I have the global positioning system to prove it.” That was the defense for the teenage son of a retired sheriff deputy in California not too long ago.  Rather than the driver’s word against the police officer’s word, it’s GPS v. Radar, almost as exciting as Optimus Prime versus Megatron in the movie Transformers.

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