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Are You an ESI Hoarder? Discovery Lessons from the Big Tech Hearings

How long should you keep ad hoc internal communications? That is the question that bubbled up while listening to the four Big Tech CEO’s trying to explain a few of their 1.3 million emails and internal documents obtained by the House Antitrust Subcommittee's investigation that kicked off June 2019. The vast majority of those exhibits dated from 2010-2012 M&A strategy discussions. We have no idea [...]

By |August 3rd, 2020|Categories: Content Management, Caselaw, Regulations, Compliance, Privacy, Analysis, Essay|0 Comments

Trump’s Litigation Skeletons Refused to Stay In the Closet, How About Yours?

As I listened to an interview with Mary Trump about how she turned over financial documents to the New York Times it got me thinking about all the incredibly sensitive information just parked at firms world wide for inactive/settled matters. Fred Trump’s contested will was settled in 2001. Those 19 boxes of documents sat at her law firm for roughly 17 YEARS before she had [...]

By |July 28th, 2020|Categories: Matter Management, Expiration, Management, Essay|0 Comments

Best Hosted Analytics Options for Non-Litigation Discovery?

My philosophy is once a client, always a client. Got what seemed to be a typical referral request from a counsel I had recently supported on a corporate client matter. The classic, “Who do you recommend for Relativity hosting?” quickly went down a rabbit hole of new generation data sources, foreign language docs and such that wrote off any of the new self-service providers/platforms. All [...]

By |July 24th, 2020|Categories: Analytics, Search, SMB, United States, Federal, Processing, Analysis, Essay|0 Comments

Evolving eDiscovery Pricing Models

Many of my engagements result in supporting client RFP’s for eDiscovery hosting, collection or ECM services/systems. A lot of that support is translating or analyzing pricing models so that client’s can make strategic vs. tactical buying decisions. Traditional eDiscovery providers consider their large enterprise proposals and pricing confidential. The newer generation of self-service cloud hosting players like Lexbe after the SMB market openly advertise $5/GB [...]

Preservation Collections for Remote Custodians

The Covid-19 pandemic has made remote work and home offices the new normal. Many corporations have already consolidated large corporate headquarter leases to the minimum footprint. The migration of large corporate data centers to Amazon S3 or Azure cloud servers has been going on for the last decade. So where does your critical ESI under hold live now? The reality is that your custodian’s ESI [...]

By |July 7th, 2020|Categories: Collectors, Legal Holds, ESI Sources, United States, Preservation, Collection, Essay|0 Comments

Litigation Readiness for Reopening in the Pandemic

An old client gave me a good karma call (otherwise known as free consulting). She wanted my thoughts on how they could minimize the potential litigation and discovery cost of the inevitable workers comp and personal injury claims after employees contracted Covid-19 after returning to in person work. The best safety, sanitation and social distancing work practices will only minimize how rapidly or widely one [...]

Forensic Requests of Body Worn Camera Data

I was reading a well researched news story in the aftermath of the Fort Lauderdale protests that turned into a violent confrontation between police and protesters. Several items caught my attention that could have impact on events that result in litigation/discovery during this time of discord. Body Worn Cameras (BWC) and video surveillance are more commonplace now than ever. Many of my industrial clients require that certain employees wear BWCs or have vehicle/facility cameras that operate on similar technologies. I intend to stay away from politics on essays in the eDiscovery Journal. As a former police criminalist I am very interested in evolving technologies to record and reconstruct incidents. In this and many other recent confrontations, police departments state that BWC footage is not available because the cameras were not turned on. Let’s discuss what data is available to an investigator or requesting party.

Credible Market Research? Buyer Beware

Stephen E. Arnold’s latest blog on flaky enterprise search reports resonated with my own frustration at the steady stream of eDiscovery market reports press releases showing up in my daily search feeds. I have followed Arnold’s blog for years because of his deep understanding of the enterprise search market. He bluntly calls out the lack of attribution or substance in the reports hidden behind the paywall. I ran down one of the recent eDiscovery Market Forecast 2020-2025 reports blasted out by something called Aeresearch, ‘Powered by Market Study Report, LLC.’ Sounds like another Gartner/Forrester wanna-be, right? Not hardly.

By |June 15th, 2020|Categories: Tech, Market, United States, Asia Pacific, Essay|0 Comments

“Effectively eliminate any need for manual review” – REALLY?

If you are anything like me, you get 10-100 emails per day with eDiscovery press announcements, marketing blasts, webinars and more. Back in 2008 I built a Google CSE to manage the firehose of information and make sure that I kept up with the market. The original eDiscoveryJournal.com used that search engine to create a feed that we culled, curated, classified and commented on. We [...]

By |May 15th, 2020|Categories: Tech, Analytics, Search, Firm, United States, Investigation, Analysis, Essay|0 Comments

A Corporate Perspective on Relativity Analytics Usage Cases

I rode along with a full day Relativity analytics training session yesterday. No. It was not billable, but I will be working with that client to develop their workflows and protocols to leverage the analytics in their discovery requests. I consider it a good investment of my time in this time. Besides, I love an excuse to get hands on with tech. Overall, I was [...]

By |May 14th, 2020|Categories: Analytics, Purchase, Search, Investigation, Processing, Analysis, Review, Essay|0 Comments

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Essays, comments and content of this site are purely personal perspectives, even when posted by industry experts, lawyers, consultants and other professionals. Greg Buckles and moderators do their best to weed out or point out fallacies, outdated tech, not-so-best practices and such. Do your own diligence or engage a professional to assess your unique situation.

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