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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]