eDiscovery Journal

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

123k Tech Layoffs and Counting – Termination Nightmares

Do your employee transition workflows preserve critical communications and ESI under hold? Meta’s announcement of another 10,000 layoffs got me wondering how high the 2023 tech body count had reached. TechCrunch counts 123,000 in 10 weeks so far. Luckily ZipRecruiter says that 54% found new jobs within a month. The Bureau of Labor Statistics says that 25-34 year old works average just 2.8 years [...]

By Greg Buckles|2023-03-14T18:06:39-05:00March 14th, 2023|Info Gov, Essay, Compliance, Preservation, Content Management, ESI Sources|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.

By Greg Buckles|2022-07-25T16:25:33-05:00July 25th, 2022|Info Gov, Caselaw, Investigation, Compliance, News, Privacy, Security, Content Management, ESI Sources|0 Comments

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 [...]

By Greg Buckles|2022-07-20T14:43:34-05:00July 20th, 2022|Investigation, Essay, Corporate, Preservation, Compliance, Legal Holds, Government, Collection, ESI Sources|0 Comments

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 [...]

By Greg Buckles|2022-05-16T15:06:08-05:00May 16th, 2022|Info Gov, Analytics, Corporate, Essay, Compliance, Privacy, Security, Content Management, ESI Sources|0 Comments

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 Greg Buckles|2022-02-23T12:56:24-06:00February 23rd, 2022|Caselaw, Essay, Regulations, 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 Greg Buckles|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 [...]

By Greg Buckles|2021-08-13T12:26:22-05:00August 13th, 2021|Info Gov, Essay, Investigation, Compliance, Privacy, Security, Content Management, ESI Sources|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 Greg Buckles|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 Greg Buckles|2021-02-10T14:39:23-06:00February 10th, 2021|Regulations, Corporate, Firm, Compliance, News|0 Comments