CRACKING SOURCE CODE PRODUCTION:
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BASICS AND BEST PRACTICES
counsel is required by the court. It is important
not to be overly inclusive. Computers used to
access or review the source code should not have
Internet access or be stored where unauthorized
persons can access them.
COURT STANDARDS
Several courts have taken a proactive approach to
source code production and implemented standards
to help you understand what is expected. The
Northern District of California was one of the first
courts to institute source code procedures, followed
by the Eastern District of Texas and the District
of Delaware. While the courts have implemented
requirements unique to their districts, they share
similar requirements:
•No electronic or hard copies of source code
material will be made without prior written
consent of the producing party
PROTECT YOUR CODE
As with any endeavor, preparation is key. Should
a court issue a protective order for source code
review, a thorough understanding and following
of best practices can increase your chances of
successfully representing your company's interests.
•Copies of source code will be made available for
inspection on stand-alone computers at a thirdparty site or mutually agreed-upon location
Jason Hetherington is a Senior
•The stand-alone computer will contain the
appropriate software necessary for counsel
and experts to view, search and analyze the
source code
Project Manager at Liquid Litigation
Management, Inc., where he consults
attorneys on all aspects of the
e-discovery process and recommends
the best course of action. With
•The receiving party will make a reasonable
effort to restrict its access to the stand-alone
computers to regular business hours (8:00 a.m.
to 6:00 p.m.) unless otherwise agreed upon
a background in computer
networking and system security, Jason is known for always being
on the cutting edge of defensible technology. Contact him at
jhetherington@llminc.com.
