eDiscovery Journal

Sanctions for eDiscovery Incompetence – Finally

Disdain and frustration fills the 256 page opinion from US District Judge Iain D. Johnston sanctioning defense counsel and defendant. The Gibbons Law Alert summary manages to convey some of this, rightfully calling it “a veritable Keystone Kops series of discovery errors and misrepresentations spanning several years.” Judge Johnston’s righteous ire over counsel’s ‘indifference’ and ‘incompetence’ regarding the defendant’s behavior that resulted in incomplete [...]

By Greg Buckles|2021-03-30T10:55:40-05:00March 30th, 2021|Caselaw, Essay, Compliance, Preservation, Collection|2 Comments

Aryaka Global WAN Report Take-Aways

What can a 1,350 global enterprise survey tell us about the evolving composition and location of ESI? Although Araka’s fifth annual survey is focused on WAN and security infrastructure, it contains nuggets with eDiscovery impact. Over 80% of respondents expect more than 25% of workers to remain remote, confirming that the hybrid work environment is here to stay. 46% of respondents have deployed over [...]

By Greg Buckles|2021-03-23T15:30:21-05:00March 23rd, 2021|Essay, Global, ESI Sources, Architecture|0 Comments

M365 AED Collections – Not Actually Collected

The latest update to the M365 Advanced eDiscovery console is on their way to your or your client’s tenant. While this change seems to be primarily cosmetic (renaming Searches to Collections tab), there are some important things going on under the surface. In my recent blog on Handling M365 Unindexed Content I explained how AED automatically processes and reindexes partially or unindexed items placed [...]

By Greg Buckles|2021-03-18T16:07:17-05:00March 18th, 2021|Essay, Preservation, Collectors, Legal Holds, Collection, Processing, Review, Architecture|0 Comments

eDJ Brief: ZyLab ONE

Slowly but surely I am resuming regular briefings with providers. I remember when ZyLab first jumped into the US eDiscovery market with their hybrid archive/investigation tool. Thanks to Scott Hunter for walking me through their most recent release. In my not-always humble opinion, ZyLab always reminded me of Nuix. An innovative, independent architecture paired with a techie GUI that lagged the US market leader’s [...]

By Greg Buckles|2021-03-10T16:08:37-06:00March 10th, 2021|Provider, Platform, Essay, Firm, Government, Architecture, Purchase, Search|0 Comments

Enterprise Classification – Minimizing the Impact of Data Breaches

Typical Response Tasks · Preservation · Forensics · Log analysis · Malware reverse engineering · Surveillance · Remediation · Endpoint detection & response · Exfiltration – eDiscovery · Physical security · Regulatory compliance · Consumer notification · Legal response · Law enforcement liaison The latest Microsoft Exchange breach moved downstream to 60,000+ SMB victims from the Solar Wind’s hack that targeted Microsoft and government [...]

By Greg Buckles|2021-03-07T15:47:22-06:00March 7th, 2021|Essay, Analytics, Content Management, ESI Sources, Architecture, Search|0 Comments

Handling M365 AED Unindexed Content

A question to the eDiscovery Facebook group asked how others were handling the unindexed items reported in M365 core and AED searches. If you have not run M365 eDiscovery searches yet or not noticed the Status section of the search detail page, it provides the item count and volume of ‘unsearchable items’ in the sources that your search. In my recent legal hold validation [...]

By Greg Buckles|2021-03-03T18:04:28-06:00March 3rd, 2021|Essay, ESI Sources, Architecture, Search|0 Comments

Relativity-X1 – Well Timed for the Pandemic

Today’s announcement of the Relativity-X1 Enterprise integration had me puzzled at first. After all, Relativity Collect has been integrated with X1 Discovery files/emails since 2019. So what is the difference? Digging into the announcement and their documentation, my take on the new integration with X1 Enterprise Platform is the indexing of remote custodians and other data sources for in place search/collection. There are two [...]

By Greg Buckles|2021-02-16T11:44:23-06:00February 16th, 2021|Platform, Essay, Collectors, Search|0 Comments

Your Amazon Account has been Hacked, Or Has It?

Got great feedback after my last skirmish with a phishing attempt so here is today’s attempt: [Greg] Hello, how may I help you? [digitized voice] This is Amazon security calling in regard to a recent $1499 purchase. Our system flagged this purchase because of suspicious elements and we need you to either confirm or contest this purchase. To be fair, I buy a lot [...]

By Greg Buckles|2021-02-11T17:23:31-06:00February 11th, 2021|Essay, Security|1 Comment

Hackers Targeting M365 eDiscovery Services

Thanks to my friend Jason Velasco for drawing my attention to the article Hidden Dangers of Microsoft 365’s Power Automate and eDiscovery Tools. Hitesh Sheth at DarkReading.com is extrapolating from a massive data collection study from 4 million Cognito Detect for Office 365 customers by Vectra. I am not sure that I agree with his red flag alert that hackers are actively using Power [...]

By Greg Buckles|2021-02-10T10:29:24-06:00February 10th, 2021|Essay, Security, ESI Sources, Architecture|0 Comments

eDiscovery Tech Bugs: The Emperor’s Clothes?

I want to thank you all for the flood of responses to my tech alert. Our peers stepped up to confirm this and other potential issues experienced in Microsoft 365 (M365) and other market leading eDiscovery tech. Most have been aware of various issues going back years. Your feedback confirms my assertion that technical bugs, system limits and undocumented exceptions are common and always [...]

By Greg Buckles|2021-02-04T12:56:53-06:00February 4th, 2021|Provider, Essay, Tech, Search|0 Comments