Regulations

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 [...]

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 [...]

The Big Four – Auditors or Consultants?

Over the decades I have worked with the Big Four Accounting firms in a variety of roles. Heck, some folks in the firms used to refer me to their audit clients that needed eDiscovery/IG process and system consulting.  The line between auditor, accountant and other professional services was simpler before the firms started buying or building eDiscovery service bureaus.  Given the volume based industry [...]

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