On the pure state outcomes of Einstein-Podolsky-Rosen steering

In the Einstein--Podolsky--Rosen experiment, when Alice makes a measurement on her part of a bipartite system, Bob's part is collapsed to, or steered to, a specific ensemble. Moreover, by reading her measurement outcome, Alice can specify which state in the ensemble Bob's system is steered to and with which probability. The possible states that Alice can steer Bob's system to are called steered states. In this work, we study the subset of steered states which are pure after normalisation. We illustrate that these pure steered states, if they exist, often carry interesting information about the shared bipartite state. This information content becomes particularly clear when we study the purification of the shared state. Some applications are discussed. These include a generalisation of the fundamental lemma in the so-called `all-versus-nothing proof of steerability' for systems of arbitrary dimension.Comment: 7 pages, 0 figures; corrected typos and terminolog

After Five Years of E-Discovery Missteps: Sanctions or Safe Harbor?

In 2003 the Zubulake case became the catalyst of change in the world of e-discovery. In that case Judge Shira Scheindlin of the United States District Court for the Southern District of New York set guidelines for e-discovery that served as the basis for amending the Federal Rules of Civil Procedure (FRCP) in December 2006. The amendments incorporated a number of concepts that were described by Judge Scheindlin in the Zubulake case. ( Zubulake v. UBS Warburg LLC, 2003) Since the Zubulake case and the FRCP amendments, numerous cases have interpreted these rules changes, but one of the main points of court decisions is that of preservation of electronically stored information (ESI). A litigation hold to preserve ESI must be put into place as soon as litigation is reasonably anticipated. The failure to preserve ESI has resulted in the largest number of cases where judges have imposed sanctions, but certainly not the only one. This paper reviews the cases to answer the question – are the courts granting safe harbor protection when litigants failed to follow the rules and best practices rather than imposing sanctions? Keywords: e-discovery, electronic discovery, sanctions, safe harbor, electronically stored information, ESI, sanction

Avoiding Sanctions at the E-Discovery Meet-And-Confer in Common Law Countries

The rules of civil procedure in common law countries have been amended to better deal with the requirements of electronic discovery. One of the key changes in case management is the scheduling of a meet-and-confer session where the parties to litigation must meet early in the case before any discovery procedures have begun to exchange information regarding the nature, location, formats, and pertinent facts regarding custody and control of a party’s electronically stored information (ESI). Failure to abide by the rules and participate in good faith at the meet-and-confer session can have dire consequences for the parties and lawyers involved. The authors discuss the importance of creating and maintaining an ESI data map as a means to demonstrate good faith and effectively comply with the requirements of the meet-and-confer

Avoiding Sanctions at the E-Discovery Meet-And-Confer in Common Law Countries

The rules of civil procedure in common law countries have been amended to better deal with the requirements of electronic discovery. One of the key changes in case management is the scheduling of a meet-and-confer session where the parties to litigation must meet early in the case before any discovery procedures have begun to exchange information regarding the nature, location, formats, and pertinent facts regarding custody and control of a party’s electronically stored information (ESI). Failure to abide by the rules and participate in good faith at the meet-and-confer session can have dire consequences for the parties and lawyers involved. The authors discuss the importance of creating and maintaining an ESI data map as a means to demonstrate good faith and effectively comply with the requirements of the meet-and-confer

Sampling: Making Electronic Discovery More Cost Effective

With the huge volumes of electronic data subject to discovery in virtually every instance of litigation, time and costs of conducting discovery have become exceedingly important when litigants plan their discovery strategies. Rather than incurring the costs of having lawyers review every document produced in response to a discovery request in search of relevant evidence, a cost effective strategy for document review planning is to use statistical sampling of the database of documents to determine the likelihood of finding relevant evidence by reviewing additional documents. This paper reviews and discusses how sampling can be used to make document review more cost effective by considering issues such as an appropriate sample size, how to develop a sampling strategy, and taking into account the potential value of the litigation in relation to the costs of additional discovery efforts

The Computer Fraud and Abuse Act and the Law of Unintended Consequences

One of the most unanticipated results of the Computer Fraud and Abuse Act arose from the law of unintended consequences. The CFAA was originally enacted in 1984 to protect federal government computers from intrusions and damage caused by hackers, identity thieves, and other cyber criminals. The law was later amended to extend the scope of its application to financial institutions’, business’s and consumers’ computers. To aid in the pursuit of cyber criminals, one of the subsequent revisions to the law included provision “G” that gave the right to private parties to seek compensation for damages in a civil action for unauthorized computer intrusions. This amendment to the law has had the unintended consequence of bolstering, or in some cases supplanting, claims against employees and former employees for claims such as trade secret violations, intellectual property violations, and violations of covenants not to compete. This amendment has also aided employers in their defense of employee claims of sexual harassment, wrongful termination, and other claims by facilitating counterclaims against employees and former employees for computer misuse. This paper examines these developments in the law and likely unintended consequences of the original amendments to the Computer Fraud and Abuse Act. Keywords: computer, fraud, intellectual property, la

Sampling: Making Electronic Discovery More Cost Effective

With the huge volumes of electronic data subject to discovery in virtually every instance of litigation, time and costs of conducting discovery have become exceedingly important when litigants plan their discovery strategies. Rather than incurring the costs of having lawyers review every document produced in response to a discovery request in search of relevant evidence, a cost effective strategy for document review planning is to use statistical sampling of the database of documents to determine the likelihood of finding relevant evidence by reviewing additional documents. This paper reviews and discusses how sampling can be used to make document review more cost effective by considering issues such as an appropriate sample size, how to develop a sampling strategy, and taking into account the potential value of the litigation in relation to the costs of additional discovery efforts. Keywords: sampling, statistical sampling, electronic discover