Privacy

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 [...]

Does Your BYOD Policy Cover Device Upgrades and Disposal?

Back in 2014 I wrote a piece on how Avast! pulled personal information from wiped Android phones sold on eBay to demonstrate the dangers of selling off your old smart phone. Now it seems that trading in your iPhone with Apple has not been safe since 2015. The improvements in device encryption may severely limit the potential exposure of corporate email, texts and credentials [...]

Connectors are Key to Unified Data Management

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 [...]

Time to Update Your WhatsApp Usage Policy Again

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 [...]

Preserving the Context of Privileged Communications

The article is a long and rather scholarly coverage of the evolution of the communication privilege. It brings up a couple interesting issues for retention policies and classification systems. First is the need to retain the actual communication wrapper for legal work product to preserve privilege. The proliferation of online meetings, chat and collaboration channels are generally considered informal communications and not addressed by [...]

By |2020-09-14T12:41:08-05:00September 14th, 2020|Caselaw, Analytics, News, Privacy, Content Management, Review|0 Comments

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 [...]

PII in Your Discovery?

Epiq’s “Ruyk” ransomware attack in February cut off customer access to their hosted discovery matters for roughly three days. This outages constitutes a major service interruption and violation of normal Service Level Agreements for one of the largest global legal service providers. Beyond SLA penalties, missed production deadlines and unhappy customers, Epiq is now facing a potential class action suit under the new California [...]

By |2020-08-03T17:20:38-05:00August 3rd, 2020|Provider, News, Privacy, Security, ESI Sources|0 Comments

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 [...]

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