Compliance

The Civil Discovery Impact of 50,000+ Smart Phone Extractions

Good find by Doug (who credits his wife) on Upturn.org’s new report on the widespread use of Mobile Device Forensic Toolkits like Cellebrite or Access Data by law enforcement. Aside from the civil liberties issues, I want to draw corporate litsupport/compliance/security attention to the logical progression that looms. The latest Gallup poll shows that 58% of employees work remote sometimes or always. I can [...]

eDiscovery Sanctions Go All the Way to the Top

As a 30(b)(6) witness for some of my clients, I follow eDiscovery spoliation cases closely. Most of them have little or no ‘teeth’ when a party has even attempted to meet their obligations. It is nice to see a magistrate drop the hammer on a party who appears to have consistently and deliberately tried to hide relevant ESI. The cited order is worth a [...]

By |2020-10-29T14:06:36-05:00October 29th, 2020|Caselaw, Compliance, News|0 Comments

Connectors are Key to Unified Data Management

Many years ago as a product manager at Symantec (now Veritas again), I advocated for the acquisition of Globanet because they were a key partner in so many of our compliance-eDiscovery deals. The Veritas Compliance Portfolio covers the core enterprise unstructured data sources (file shares, Office365, Box, Exchange, SharePoint and many more) with a variety of solutions. Their eDiscovery Platform even does remote laptop [...]

Time to Update Your WhatsApp Usage Policy Again

When is a business chat a record? That question has plagued my consulting practice since I first collected and processed native email for a client back in 1993. Now your policies, protocols and security controls have to address multiple chat apps that support ‘vapormail’ disappearing messages. WhatsApp adds this capability to over 2 BILLION users. When you add FaceBook, Instagram, Signal, Viber and WeChat [...]

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|Caselaw, Compliance, News, Legal Holds|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 [...]

FCPA Compliance Key – Mapping Players to Transactions

Having supported far too many FCPA investigations over the last 30 years, the hardest initial step is untangling the key employees, contractors, agents and foreign players involved in doing business overseas. The TGC article provides a solid checklist for compliance defensibility that many corporate clients would shy away from because of the heavy manual overhead required. Most enterprise content management systems now include categorization/tagging [...]

Workplace – Corporate Private Facebook

Globanet has been expanding their connectors and their repository integrations like Relativity and Veritas eDP (Clearwell) with every new release. I have not yet run into Facebook’s Workplace ($0-$8/month) in the field, but the pressure of adapting to remote working is bound to get some departments playing with it. As with Yammer, Jabber, Slack and others social collaboration platforms, Workplace does not appear to [...]

Minimizing Risk in Separation of Employment

We are living in an age of unprecedented layoffs, work stoppages, downsizing, and general unemployment. I frequently call out weak corporate termination policies/protocols during discovery health assessments. It is a complicated process with many players, data sources and heightened emotions. Most people hate confrontations or making a scene. Any fuzziness in your separation protocols may result in former employees walking away with corporate data [...]

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