Libraries are bridges to information and knowledge.

By Brett Burney Principal Burney Consultants LLC

We are proud to reprint the following article “The Emerging Field of Electronic Discovery Project Management” which first appeared as a TechnoLawyer TechnoFeature exclusive on September 1. It is being reprinted here with the written permission of both the author Brett Burney, a world recognized authority on issues related to bridging the chasm between the legal and technical frontiers of electronic discovery, and Technolawyer. Whether acknowledged or not we are living in an age of electronic discovery and must learn to cope with its challenges,which requires authorative, updated information such as that provided in Mr. Burney’s article. The complete article is presented as a pdf file provided by TechnoLawyer which can be read by clicking on the link following some introductroy material from the article we have provided below for your convenience.

INTRODUCTION

Articles from the New York Times and the Washington Post September 11, 2009 discussing memories and implications of the tragic events that occurred eight years ago on September 11, 2001:

New York Times: September 11, 2009.

Remembering a Future That Many Feared By N. R. KLEINFIELD Published: September 11, 2009 In the immediate aftermath of Sept. 11, 2001, many New Yorkers imagined a grim future that has not come to pass.

Des Moines, IA – September 1, 2009 – According to an editorial in the latest issue of Judicature, the journal of the American Judicature Society, the U.S. Supreme Court decision in Caperton v. Massey Coal Company is a wake-up call for states to take disqualification seriously.

The editorial explains that “If state judicial systems have procedures in place to ensure that judges understand and follow more exacting disqualification rules, legitimate due process problems need never arise.” Caperton held that West Virginia Supreme Court Justice Brent Benjamin’s failure to recuse himself in a case involving a litigant who supported his election campaign was a violation of due process.

The editorial recommends judicial education programs that identify factors judges should consider when deciding whether campaign support they have received gives rise to a disqualifying appearance of partiality; having contested disqualification motions assigned to a different judge for final resolution; and, in the highest courts of each state, establishing a procedure to review disqualification decisions of individual justices by the remainder of the court or a special panel of judges. The editorial concludes that such procedures will foster public confidence in the expeditious administration of justice.

**The Government Domain: Tracking Congress 2.0

http://www.llrx.com/columns/govdomain42.htm

With the 111th Congress of the United States reconvening on September 8th, e-gov expert Peggy Garvin highlights new tools and sources that enhance and expand your ability to track and monitor the action.

In their September 8 article in Bloomberg News, Cary O’Reilly and Linda Sandler write that “[A]s the White House and Congress debate how to regulate financial crisis, judges have assumed the point position of punishing Wall Street for causing the worst recession since the 1930s.” O’Reilly and Sandler point out that while the executive and legislative branches of government continue to discuss the possibilities of implementing various reforms as a response to the financial crisis that began approximately a year ago, “judges are [actually] taking the first steps toward the same goal, punishing executives and issuing rulings with national impact.” In their article O’Reilly and Sandler go on to enumerate specific examples of how some judges have proceeded along this path.

We are forwarding the following message from Emily Feldman of the Government Relatiojns Office of the American Association of Law Libraries (AALL) because it contains important information that we believe should be distributed widely:

OpenTheGovernment.org today released the latest edition of their annual Secrecy Report Card (http://www.openthegovernment.org/otg/SecrecyRC_2009.pdf). This year’s report card found slight decreases in government secrecy overall, though secrecy still trumps openness in many instances. This year’s report also includes a special analysis of the Obama Administration’s mixed track record on transparency.

Some of the highlights from this year’s report include:

Change 2010:

August 27, 2009, Washington, DC –“The Obama administration has challenged Federal information technology managers to explore more open systems,” said Arpan Patel, Director of Somat’s Information Engineering practice. “Federal managers face a compelling need to understand the differences between traditional approaches to information technology and increasingly important open approaches.”

Somat Engineering, the company that builds engineering solutions worldwide, is holding a special, limited attendance briefing, Change 2010: Responding to Real Time Information, Open Systems and the Obama IT Vision, at the National Press Club in Washington, DC on September 23, 2009, at 9am.

According to a report by Matthew Weigett in the September 4, 2009 Federal Computer Week, the U.S. Court of Appeals in Washington, DC has held that Mircosoft can keep selling its Word software in the United States. Microsoft had filed an emergency motion with the court to stay a ruling by Judge Leonard Davis of the U.S. District Court for Eastern Texas that ordered to the company to stop selling Word in the United States and to also pay the plaintiff i4i, a Toronto based software developer, over $290 million in damages and interest. The motion to stay has been granted, allowing Word sales in the U.S. to continue while the infringement lawsuit is appealed. The appeal is scheduled for September 23.

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