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18 March 2010 / John Doherty , Robert Jones
Issue: 7409 / Categories: Features , In-House , E-disclosure
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Data matters

Robert Jones & John Doherty explain why it’s time to put your(ESI) house in order

In the modern business world information is one of the most valuable assets held by any company and the risks associated with its use (and very often misuse) must be managed. Even the smallest amounts of data, such as those recorded by a computer when it is switched on, or the date a document was last amended, can be highly significant in any fact-based investigation/litigation context. It is therefore necessary for business leaders to consider what steps they should take to understand and control the electronically stored information (ESI) which is created and used by their employees, through the implementation of appropriate policies and procedures.

From a practical perspective, the use of different forms of technology, and failures to properly regulate the use of business systems, can present a number of challenges to gathering items of potential evidence when required in any relevant legal context. Significant obstacles can arise from the legal requirements imposed on data controllers concerning the processing of personal data. This often vexed issue for

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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