eDiscovery Journal

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|Corporate, Regulations, Firm, Compliance, News|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 Greg Buckles|2020-12-28T11:49:53-06:00December 28th, 2020|Regulations, News, Compliance, Privacy|0 Comments

Early Meet & Confer for 30(b)(6) Witness Scope

The FRCP amendments have consistently pushed litigants to meet and confer earlier in the discovery process. This amendment focuses on defining the agreed deposition topics before or immediately following notices of deposition. That would certainly prevent some of the long and boring series of depo questions I have endured that were outside of my designated scope for a client. I am hoping that this [...]

By Greg Buckles|2020-12-11T14:22:23-06:00December 11th, 2020|Federal, Caselaw, Regulations, News|0 Comments

eDiscovery Over the Pond = eDisclosure

Another good find and commentary by Doug Austin, A Time of Discovery – A History of Electronic Disclosure (Part One). I like how he pointed out how the UK’s disclosure rules were updated in the same time frame as our FRCP amendments. Civil litigation and arbitration rules vary wildly by international venue. That was a big shock to me as a young product manager [...]

By Greg Buckles|2020-12-08T10:33:02-06:00December 8th, 2020|Caselaw, Regulations, Europe, News|0 Comments

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 [...]

By Greg Buckles|2020-09-29T13:03:46-05:00September 29th, 2020|Platform, United States, Regulations, Analytics, News, Compliance, Collectors, Legal Holds, Privacy, Security, Content Management, ESI Sources, Architecture, Purchase, Search, Management|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 [...]

By Greg Buckles|2020-09-08T13:33:32-05:00September 8th, 2020|Regulations, Essay, Collectors, Compliance, Preservation, Collection, Global, Analysis|0 Comments

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 [...]

By Greg Buckles|2020-08-21T10:46:24-05:00August 21st, 2020|Info Gov, Investigation, Regulations, Europe, Asia Pacific, Compliance, News, Security, Content Management, Global, ESI Sources, Architecture|0 Comments

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 [...]

By Greg Buckles|2020-08-13T17:17:12-05:00August 13th, 2020|Info Gov, United States, Regulations, Investigation, Preservation, News, Compliance, Collectors, Collection, ESI Sources|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 [...]

By Greg Buckles|2020-08-10T16:40:03-05:00August 10th, 2020|Info Gov, Regulations, Essay, Preservation, Compliance, Privacy, Legal Holds, Security, Expiration|0 Comments

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 [...]

By Greg Buckles|2020-08-10T15:54:44-05:00August 10th, 2020|Info Gov, Regulations, Compliance, Research, Privacy, Security, Management|0 Comments