Posts Tagged ‘collection’
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- April 25th
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New eDJ Report: A Starting Point For Mobile Device Discovery
I did not have a chance to attend the Mobile Device Discovery Boot Camp that eDJ’s Greg Buckles ran recently in Los Angeles, but the feedback about the content has been excellent. Moreover, the issues covered – BYOD, mobile device usage policies, collection and preservation of mobile content, processing and production of mobile content – are some of the most asked-about topics we have here at eDJ. It seems to me that the overwhelming penetration of smartphones and mobile devices has organizations reluctantly accepting the fact that mobile device discovery is a critical need right now.
posted at 11:07am on Apr 25th
- April 23rd
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Symantec Vision – Buckles Perspectives on Symantec 4.0
It has been over six years since I left Symantec’s product management team, but that has not kept me from the annual Symantec Vision conference. This year’s theme was the massive “Symantec 4.0” reorganization and strategic overhaul initiated this January by the new CEO Steve Bennett. In the keynote, Bennett acknowledged that Symantec has great individual business lines and assets, but has fallen short of customer’s needs for integrated solutions. I won’t even try to cover all of the changes in leadership, business units, products and road maps. Instead, I will stick to my perspective on the potential eDiscovery impact for current or prospective Symantec customers. Keep in mind that Symantec has never been known for fast and nimble development cycles. I believe that Symantec 4.0 needs to deliver an initial round of functional, coherent offerings in the next six to nine months convince a skeptical market that the changes are working.
posted at 3:33pm on Apr 23rd
- March 5th
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Losing Your iPhone While Under Hold – Sanction Bingo
Counsel have always struggled to balance preservation obligations against unreasonable interference in the custodian’s ability to function in day to day business. To put it simply, the preservation effort and user impact has to be in proportion to potential risk of loss and subsequent legal consequences. In the decade since civil litigators and criminal prosecutors latched onto executive emails as key evidence, enterprise emailand archiving platforms have generally solved the preservation vs. impact challenge for email. The corporate BYOD invasion by personal mobile devices has created an even greater challenge without mature technology solutions. Most corporations still rely on custodians to preserve any potential ESI on their smart phones, tablets or home systems. They don’t have a lot of choices unless the matter justifies the relatively extreme expense and effort of incremental forensic acquisitions of custodian devices. Alternatively you could [...]
posted at 10:37am on Mar 5th
- January 9th
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Where are we now on legal hold and self collection?
Commentators in other jurisdictions, me included, have expressed wonder at the procedural hurdles which US case law developments in the past six years have placed in the way of parties preparing to give discovery. We don’t criticise the need to d…
posted at 5:26pm on Jan 9th
- December 18th
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HOLIDAY COLLECTIONS AND HOW RUDOLPH CAN SAVE eDISCOVERY
On September 9, 2011 I presented to a blue ribbon panel of in-house lawyers, outside counsel and judges at the Committee Meeting on Preservation and Sanctions in the Western District of Pennsylvania who were in agreement with my thesis that we over preserve, collect and process ESI in proportion to what is eventually used. My views on this topic have been evolving over time and I outlined this for the panel with a contrast of the Rand Study, Where the Money Goes with the Microsoft Letter dated August 29, 2011. The Rand Study reported that, for the seven corporate participants, collection costs were estimated to be only $.08 of every dollar spent on eDiscovery, with the bulk of the expenses going to processing, and review. The studies’ authors and I tended to diminish the importance of these more minor collection [...]
posted at 4:23pm on Dec 18th
- December 17th
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Legal Hold FAQ’s – Part I
During the last several months I have received an influx of questions about legal hold. More specifically, around how legal hold is actually executed on the corporate side of the fence. All of these questions have come from legal professionals – some that are new to eDiscovery, some that deal with eDiscovery on a semi-regular basis, and some that deal with eDiscovery quite often but are not in the legal hold trenches of a corporation. Because of the number and nature of questions, it seems a Legal Hold FAQ is in order. I will stick to the very basics in this blog, which is Part I of a series. The phrase “legal hold” is broad. For purposes of this discussion, legal hold is defined as part of the preservation phase of a litigant’s obligations; legal hold is not the processing, [...]
posted at 11:17am on Dec 17th
- December 13th
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Attorneys’ ‘absent’ supervision results in client forfeiture of 1,700 sensitive documents
It is a familiar story. A client discloses thousands of privileged documents from an electronic universe of many millions due to alleged failures to supervise a computer consultant. The mistaken production results in a heated clawback motion, in which …
posted at 2:24pm on Dec 13th
- December 6th
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Go Buy eDiscovery!
The Scenario Your boss says, “Legal wants eDiscovery, so go buy it for them.” Like a good IT director who understands when he doesn’t know something, you immediately hit the internet to get up to speed before you meet with the legal department. A fast Google search (*search from startpage.com to prevent personalization from affecting results) for “ediscovery” starts off with adds from Barracuda and Google Apps. You think to yourself, “So this eDiscovery thing is related to compliance, archiving and retention policies. Great, I understand those things.” The remainder of the first page is dominated by links to software from Xerox, Symantec, IBM and then some other companies that you do not recognize. “Even better, the big boys will have the best eDiscovery software all packaged up and ready to demo. Always safer to buy from them.”, You conclude. [...]
posted at 9:37am on Dec 6th
- September 13th
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AccessData® Releases Mobile Phone Examiner Plus 5.0
LINDON, Utah–(BUSINESS WIRE)–AccessData announced Mobile Phone Examiner Plus 5.0
posted at 1:50pm on Sep 13th
- August 16th
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Mobile Device Discovery Stories from the Experts
The story about Michigan State Police officers collecting forensic snapshots of mobile phones during traffic stops back in April kicked off my long research journey into whether corporate mobile discovery was really feasible. After lengthy interviews with leading experts in mobile phone forensics, I can assure you that a full physical acquisition of your iPhone, iPad, BlackBerry or Android device is just not going to happen during a typical 30 minute custodian interview or a traffic stop. The connectors and communication protocols of mobile devices were not designed for high speed data exports that we have come to expect from enterprise back up systems and disk imaging devices like Logicube. The ‘pipe’ is just too small to copy 8+ GB without taking custody of the device. You can grab the active call log, text messages and other phone elements quickly, but that kind of logical extraction may not suffice to ‘preserve’ your custodian’s ESI in some matters, especially if that device may be the only source of deleted items that are critical to proving your case.
posted at 11:36am on Aug 16th
