Google’s definition of ‘private’ is slowly coming to light thanks to a $5B class action lawsuit and recent Congressional hearings. There seems to be some emails and second hand accounts supporting the assertion that Google executives were well aware of how the public might react if they found out that Google and other sites could still track user searches, URL’s and actions while in [...]
When my old friend Michael Lappin took a role at Ligl (formerly Vertical Discovery) I knew that I needed to see what had lured him there. Ligl is providing what they call an ‘orchestration hub’ for corporate and firm eDiscovery teams. Despite MSFT’s efforts and the ongoing eDiscovery market consolidation, most of these teams are still cobbling together ‘Frankentech’ to track and manage their [...]
The Obscenity list was one of the first automatic classification lists my team built into our Summation databases back in the bad old Enron days. We were one of the first defendants forced to search and review native raw email from the Exchange journal. Energy traders had filthy mouths and it was an easy way to spot heightened emotions. We also learned to route [...]
Microsoft and Google are busy re-inventing how knowledge workers collaborate. Many of us have stumbled onto complex sets of interdependent Excel workbooks being shared by accounting, sales and other teams. With good chain-of-custody procedures, I have reconfigured environments so that counsel or experts could manually review these ‘semi-structured’ file sets to extract potentially relevant snapshots. The breadth of sources simultaneously touched by Teams and [...]
ILTA 2021 panel with speakers that usually pack a session 2020 was my first year off the conference circuit in 3 decades. I miss running and participating in panels, briefings and social events. Most of all, I miss my eDiscovery friends, clients and peers. I wanted to spend these days hustling between ILTACON meetings and events through the crowded Mandalay Bay halls. [...]
Apple plans to start scanning all U.S. iPhones for images of child sexual abuse using a tool called “neuralMatch” or “NeuralHash” against a database of known images. Womble Dickinson’s JDSupra article covers many of the high-level privacy concerns and explores Apple’s plans for a service that will scan encrypted messages for sexually explicit content to provide parental notice. Using a generated hash to check [...]
Just a quick update as MSFT continues to consolidate storage architectures and change defaults. Per Roadmap 84580 this change will be rolled out next month. I rarely see legal holds issued for meetings that occurred within the last 2 months, so conservative or regulated companies should extend the default retention period for TMRs to match your current base retention period. I am sure that [...]
Charles Chaffin’s Numb: How the Information Age Dulls Our Senses and How We Can Get them Back on confirmation bias got me thinking about our new generation A.I. review systems. Legal practitioners have long known about the dangers of confirmation bias blinding them to key facts adverse to their client’s positions. I am not an attorney and will not opine on counsel’s duties or [...]
eDJ-Quick non-eDiscovery look at link placement. I have had marketing execs supply me with relevant link lists for contract white paper engagements (where do you think some of those provider best practice papers came from?). The email below snuck through my filters and got me curious about the rates and services offered. According to Neil Patel, a blogger can make $45-550 for every link [...]
The recent raft of spoliation sanctions like Iacovacci v. Brevet Holdings, LLC seem to share fundamental misunderstandings around where key decision communications resided and how to preserve them. Broadly worded legal hold notices do indeed usually cover text and chat messages. Rarely do they convey practical instructions on preservation. In my opinion, these informal communication channels were once viewed as ‘non-records’ and avoided by [...]