Compliance

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

Separation of Employment: Risk Assessment Workflow

Session workflow or check list to review separation of employment policies and protocols from a discovery readiness perspective. This is not actual policies or protocols. Instead, it is an extended bullet list of separation scenarios to consider and decision elements that your policies/protocols should cover. Every work environment has unique data systems, business models, risks and corporate cultures that must be considered when developing [...]

Are You an ESI Hoarder? Discovery Lessons from the Big Tech Hearings

How long should you keep ad hoc internal communications? That is the question that bubbled up while listening to the four Big Tech CEO’s trying to explain a few of their 1.3 million emails and internal documents obtained by the House Antitrust Subcommittee's investigation that kicked off June 2019. The vast majority of those exhibits dated from 2010-2012 M&A strategy discussions. We have no [...]

My Take on O365’s Insider Risk Management

The headline got me excited that this new MSFT O365 package might enable my clients to better monitor policy and data management compliance. The reality seems pretty weak. Agentless monitoring of desktop and MS Edge actions such as downloads, forwards to banned domains, etc. We have been able to see those in logs for years and to create custom log based alerts. The new [...]

Craig Ball’s Perfect Preservation Letter 2020

The above snippets are just two good examples of how preservation language and issues have evolved since Craig wrote his first exemplar preservation letter for the community back in 2006. I frequently review client preservation/record management policies, protocols and compliance practices to spot issues such as those called out above. I just wish that every plaintiff wrote their interrogatories and preservation demand letters in [...]

By |2020-07-27T13:49:27-05:00July 27th, 2020|Caselaw, Compliance, Preservation, News|0 Comments

A Sort of Case Study on Reviewing Next Gen ESI

Ideally case studies lay out enough information about the challenges, pain points, approach strategies and metrics to calculate a decent ROI and give readers a peak into solving a particular problem. This SEC inquiry case study focuses on search/review/production issues for new generation collaboration systems like WhatsApp. Deduplication and conversation thread reconstruction is indeed a pain point, especially when execs were using multiple mobile [...]

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