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

Solargate: A Global Trojan Horse in the Supply Train

Good summary and perspective by Doug. First a bit of context and techno translation. The Orion Platform is SolarWinds’ primary systems management bundle for on-premise and hybrid environments. SolarWinds’ products cover the breadth of IT management. That means the hacked version of Orion gave the hackers potential access to servers, applications, databases, storage and more. I have struggled to keep up with the new [...]

By |2020-12-17T11:27:47-06:00December 17th, 2020|News, Compliance, Privacy, Security, Architecture|0 Comments

Label Trade Secrets to Protect Them

The matter and article highlight the increased risk that corporate trade secrets and confidential data may be disclosed by the largely remote corporate workforce. I appreciate the well-structured guidance and concrete action steps proposed. The authors recommendation to perform an IP audit is a good starting point. However, I would add the need for automated categorization solutions that flag and highlight files and communications [...]

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
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