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.

Secret Service Self Preservation?

Legal hold notification and custodial manual preservation of potential evidence was standard practice before complex digital systems became the primary sources. Many companies still rely on ‘do not delete’ hold instructions for mobile devices and cloud systems lacking central search, hold and collection capabilities. This approach may be appropriate in low-risk civil matters without any known bad actors or possible criminal elements. I cannot [...]

The Great Resignation, Return or Reshuffle? Part 2

A recent Zapier survey on the future of work polled 600 #knowledgeworkers from SMB companies. 64% said that remote work makes them more productive. While they feel more productive, how can remote professionals demonstrate that productivity without giving up their privacy?   The Great Reshuffle is about the evolving employee-employer relationship more than just where we perform that work. Monitoring utilization, security and work [...]

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

Apple Scanning ALL U.S. iPhones in a BYOD World

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 [...]

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, Compliance, Preservation, Collection|2 Comments

Time to Review Covid Prevention Program – Again

In the prior administration, I highlighted the challenge of constantly changing OSHA/state/CDC website guidelines. We now have the advantage of hindsight, extended scientific research and hopefully guidance based on science rather than politics. The Gibbons alert includes a good summary checklist of prevention program elements. My recommendation is to review your existing prevention program against the minor changes and verify that you did indeed [...]

By |2021-02-10T14:39:23-06:00February 10th, 2021|Corporate, Regulations, Firm, Compliance, News|0 Comments

IM eDiscovery: Resurrecting the 5000:1 Rule

One of my Litsupport team wearing the departmental t-shirts. Used with permission Blame Jonathan Maas for reminding me of my 5000:1 rule from the Enron email review. “For every 5,000 emails we review someone gets fired.” To put that rule in late 1990’s context, everyone having a corporate email account was still a relatively new thing. Just like the pandemic driven adoption [...]

By |2021-01-12T12:38:17-06:00January 12th, 2021|Essay, Collectors, Compliance, Legal Holds, Privacy, ESI Sources|0 Comments

Employer Policies Requiring Vaccination

Now that vaccines are approved and in the pipeline it is time for employers to decide whether they will be required for all or certain workplace employees. I hope that these December 16, 2020 EEOC Guidelines will be more consistent than previous CDC and other workplace COVID-19 guidelines. So far, corporations continue to face potential liability relating to their safety policies/practice. Now they have [...]

By |2020-12-28T11:49:53-06:00December 28th, 2020|Regulations, Compliance, News, Privacy|0 Comments
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