Monthly Archives: September 2020

Are you Ready for the October Wave of Pandemic Layoffs?

Many corporations and smaller businesses took COVID-19 stimulus funds that prevented them from mass furloughs or layoffs until October. That employee protection is about to run out. Hundreds of thousands of workers will log off after receiving the bad news by email or phone. Many of them will walk away with thumb drives full of customer lists, contacts, competitive pricing and other sensitive corporate [...]

By |2020-09-18T15:42:39-05:00September 18th, 2020|Legal Holds, Essay|0 Comments

Responding Party Controls TAR Strategy

Normally I dig through the actual ruling language for new eDiscovery caselaw. In this case my former Symantec alumni has written a great summary of the contested discovery protocols. I refrained from quoting his closing four take-aways, but they are worth a read. What caught my interest here was the defendant’s original strategy to use its “Microsoft Tool” (I bet O365 Advanced eDiscovery) to [...]

By |2020-09-16T10:38:26-05:00September 16th, 2020|Analytics, Caselaw, Collection, Processing, Analysis, Review, News|0 Comments

Preserving the Context of Privileged Communications

The article is a long and rather scholarly coverage of the evolution of the communication privilege. It brings up a couple interesting issues for retention policies and classification systems. First is the need to retain the actual communication wrapper for legal work product to preserve privilege. The proliferation of online meetings, chat and collaboration channels are generally considered informal communications and not addressed by [...]

By |2020-09-14T12:41:08-05:00September 14th, 2020|Analytics, Content Management, Caselaw, Privacy, Review, News|0 Comments

eDJ Brief: Relativity Aero UI

I finally got the bandwidth to be briefed on the new Aero UI for RelativityOne that was announced last Relativity Fest. For years I have not-so-gently pushed the kCura/Relativity PM team to create a user interface that was more approachable. Andrew Sieja’s ‘expert platform for experts’ pleased power users while generating adoption resistance from corporate and retained counsel who just wanted to dive into [...]

By |2020-09-14T10:52:22-05:00September 14th, 2020|Essay|0 Comments

A Nice Tip from the LitSupport Trenches

This kind of clear, simple Excel solution to a common LitSupport pain point is exactly what made the old LitSupport Yahoo Group special. No sales pitches. No motivation other than sharing knowledge. I encourage everyone to find ways to share your own hard earned knowledge. It is already on most of your LinkedIn feeds, so will not be sharing it off the site.

By |2020-09-10T16:08:34-05:00September 10th, 2020|News|0 Comments

Trust But Verify Includes Your Executives

Sanctions and adverse inference rulings are far too rare in my opinion. That is because far too often opposing productions are not scrutinized and compared against your own collections. Too few counsel run the metrics of key witnesses and wonder why their email counts suddenly dropped or vanished during the critical time frame. Lawyers should practice law and stay focused on evidence and merits [...]

By |2020-09-10T15:19:26-05:00September 10th, 2020|Legal Holds, Caselaw, Compliance, News|0 Comments

eDJ COVID-19 Guideline Challenge: Preserving Ephemeral CDC Guidance

The Wayback machine has taken 2,073 snapshots of the CDC’s COVID-19 Business Guidance webpage since it was launched March 6, 2020. Why would it make >11 snapshots per day (74 on August 17th)? This CDC page is the primary national level guidance for businesses that want to reopen safely. The nifty Changes tool (beta screenshot below) shows that page could have changed 2-3 times [...]

It’s Always the Cover-up, Never the Crime Again

Whether Sullivan or the legal department made the decision to conceal the hacker payoff is pretty much irrelevant to me. A felony crime was committed against Uber, it’s employees, it’s customers and shareholders. Your incident response workflow should include an assessment of reporting obligations. Even the most sensitive investigations need a formal workflow that documents the response decision process. Knowing that your actions and [...]

By |2020-09-04T15:38:14-05:00September 4th, 2020|Investigation, News|0 Comments

Other Shoe Drops on COVID-19 Employer Lawsuits

Despite early articles proclaiming a dearth of COVID-19 related lawsuits, the first waves have hit the courts. I was disappointed that a law firm article focused on recommendations that were outdated before it hit the digital presses instead of clear litigation preparedness guidelines. Back in July I outlined some better practices for corporate litigation defense preparations as businesses reopened. My point here is that [...]

By |2020-09-02T10:37:38-05:00September 2nd, 2020|Caselaw, United States, Preservation, News|0 Comments

Who is your Rule 30(b)(6) eDiscovery Deponent?

This ABA article lays out the rule, boundaries and considerations for avoiding issues when your eDiscovery process is challenged. I sit in that hot seat for some of my long term retainer clients who have invested in mature eDiscovery infrastructure. I recommend that corporations and firms identify their designated deponent(s), the scope of their coverage and the resources needed to support their testimony.  The [...]

By |2020-09-01T14:56:37-05:00September 1st, 2020|News|0 Comments
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