Caselaw

eDJ Brief: ModeOne @ Legal Week 2024

Matt Rasmussen ModeOne provides one of the few, possibly the only, technology for practical, selective preservation and collection of mobile content from busy corporate employees. For over a decade I have been proclaiming the need for eDiscovery workflows to address mobile device content. Beyond the technical challenges and extended time required to take full forensic images of custodial phones, the comingling [...]

By |2024-02-20T10:54:26-06:00February 16th, 2024|Caselaw, Essay, Collectors|0 Comments

Executive Mobile Content Gone Rogue

In my experience, founders and C-level executives make the worst legal hold custodians. I have learned to review executive expense reports prior to supporting preservation interviews or issuing notices when possible. Too many execs shun email or messaging platforms that preserve communications. New generation technologies such as ModeOne can selectively preserve mobile via app or scheduled incremental collections while minimizing custodian impact. All too [...]

By |2023-06-05T12:06:08-05:00June 5th, 2023|Caselaw, News, Compliance, Collectors, Privacy, Legal Holds|0 Comments

Detecting the Departing

The article gives some excellent caselaw consequences that should nudge corporate legal to reassess their employee departure policies and remedies available when data walks out the door. As I mentioned in my recent blog covering M365 Records Management, #Microsoft is adding a ‘Leavers’ classifier to public preview for premium E5 license customers.

Ready for LegalWeek NY 2022?

The Omicron @LegalWeek push back and my diving vacation killed my packed February briefing schedule. Fourteen days out I responded to a fresh batch of briefing/speaking requests and pinged some of my favorite folks to see if I could piece it back togeth er. Grateful that less that 24 hours later my show calendar is filling up. I hope that your time in NY [...]

By |2022-02-23T12:56:24-06:00February 23rd, 2022|Caselaw, Regulations, Essay, Compliance, Privacy|0 Comments

Incognito Does Not Mean What You Think It Means

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 [...]

By |2021-09-27T10:36:44-05:00September 27th, 2021|Caselaw, Essay, Compliance, Privacy, Security|0 Comments

Dodging Deserved Spoliation Sanctions

Although it appears that the jury will hear about the defendants bad acts, I am disappointed that the court declined the harsher subsection (e)(2) because the plaintiffs did not have evidence of intent. This ruling could temp corporations to ‘lose’ encryption keys rather than deal with evidence. I bet that if you had all the various communications between the key players you would find [...]

By |2021-06-03T14:43:36-05:00June 3rd, 2021|Federal, Caselaw, News, Collection|0 Comments

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

Discovery Starts with Investigations

The focus of the Ms. Grierson’s law alert is how and why the defendant was forced to produce their legal hold notice communications as part of the spoliation determination. What I found more interesting in the source Radiation Oncology Servs. of Cent. N.Y., P.C. v. Our Lady of Lourdes Mem’l Hosp., Inc. decision is how the ‘Chair of the Investigative Committee’ conducted his investigation [...]

By |2021-02-09T15:55:57-06:00February 9th, 2021|Caselaw, Investigation, News, Legal Holds|0 Comments

Early Meet & Confer for 30(b)(6) Witness Scope

The FRCP amendments have consistently pushed litigants to meet and confer earlier in the discovery process. This amendment focuses on defining the agreed deposition topics before or immediately following notices of deposition. That would certainly prevent some of the long and boring series of depo questions I have endured that were outside of my designated scope for a client. I am hoping that this [...]

By |2020-12-11T14:22:23-06:00December 11th, 2020|Federal, Caselaw, Regulations, News|0 Comments

Nuggets of Gold from a TAR Fight – Pt 2

I wanted to take advantage of Rob Robinson’s timely release of his Winter 2021 eDiscovery Pricing Survey Results and compare a few key prices with those I calculated in my blog analysis of the TAR fight order in Lawson v. Spirit Aerosystems. I appreciate and encourage Rob to keep running his surveys. Seventy nine respondents (n=79) is quite respectable given the recent proliferation of [...]

By |2020-12-08T11:27:58-06:00December 8th, 2020|Federal, Caselaw, Provider, Essay, Firm, Processing, Analysis, Review, Purchase|1 Comment
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