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Other Shoe Drops on COVID-19 Employer Lawsuits

Despite early articles proclaiming a dearth of COVID-19 related lawsuits, the first waves have hit the courts. I was disappointed that a law firm article focused on recommendations that were outdated before it hit the digital presses instead of clear litigation preparedness guidelines. Back in July I outlined some better practices for corporate litigation defense preparations as businesses reopened. My point here is that [...]

By |2020-09-02T10:37:38-05:00September 2nd, 2020|Caselaw, United States, Preservation, News|0 Comments

Peering into the SMB eDiscovery Market

This blog relies on two of Logikcull’s surveys, 2020 Corporate In-Housing Survey (behind the contact wall) and a curiously untitled joint survey with LegalBillReview.com. As you might expect from the snippets, their message is that in-house legal teams are focused on reducing spend and can do so with their services. While I agree with the overall idea that reducing data reduces review spend, I [...]

By |2020-08-24T16:22:53-05:00August 24th, 2020|Matter Management, SMB, United States, Management, News|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 [...]

eDiscovery Consolidation – HaystackID & NightOwl

The eDiscovery market continues to stratify into global players and boutique shops. The merger of HaystackID and NightOwl does seem to have potential synergy since both focused on corporate managed services at different phases of the eDiscovery lifecycle. It will be interesting to see if we have a small round of layoffs after the dust settles. Can the merged company successfully pull market share [...]

By |2020-08-04T17:02:53-05:00August 4th, 2020|Provider, United States, News|0 Comments

Best Hosted Analytics Options for Non-Litigation Discovery?

My philosophy is once a client, always a client. Got what seemed to be a typical referral request from a counsel I had recently supported on a corporate client matter. The classic, “Who do you recommend for Relativity hosting?” quickly went down a rabbit hole of new generation data sources, foreign language docs and such that wrote off any of the new self-service providers/platforms. [...]

Low Early COVID-19 Lawsuit Numbers – Lull Before the Storm?

The relatively low rate of COVID-19 work safety lawsuits is not surprising while we are in the midst of the pandemic. I expect an inevitable surge in personal injury advertisements after we have an effective treatment or vaccine. “Were you or a loved one infected at work? Let the tough, smart lawyers at Acme Firm fight for your fair compensation!” I am not saying [...]

Evolving eDiscovery Pricing Models

Many of my engagements result in supporting client RFP’s for eDiscovery hosting, collection or ECM services/systems. A lot of that support is translating or analyzing pricing models so that client’s can make strategic vs. tactical buying decisions. Traditional eDiscovery providers consider their large enterprise proposals and pricing confidential. The newer generation of self-service cloud hosting players like Lexbe after the SMB market openly advertise [...]

Preservation Collections for Remote Custodians

The Covid-19 pandemic has made remote work and home offices the new normal. Many corporations have already consolidated large corporate headquarter leases to the minimum footprint. The migration of large corporate data centers to Amazon S3 or Azure cloud servers has been going on for the last decade. So where does your critical ESI under hold live now? The reality is that your custodian’s [...]

Litigation Readiness for Reopening in the Pandemic

An old client gave me a good karma call (otherwise known as free consulting). She wanted my thoughts on how they could minimize the potential litigation and discovery cost of the inevitable workers comp and personal injury claims after employees contracted Covid-19 after returning to in person work. The best safety, sanitation and social distancing work practices will only minimize how rapidly or widely [...]

Forensic Requests of Body Worn Camera Data

I was reading a well researched news story in the aftermath of the Fort Lauderdale protests that turned into a violent confrontation between police and protesters. Several items caught my attention that could have impact on events that result in litigation/discovery during this time of discord. Body Worn Cameras (BWC) and video surveillance are more commonplace now than ever. Many of my industrial clients require that certain employees wear BWCs or have vehicle/facility cameras that operate on similar technologies. I intend to stay away from politics on essays in the eDiscovery Journal. As a former police criminalist I am very interested in evolving technologies to record and reconstruct incidents. In this and many other recent confrontations, police departments state that BWC footage is not available because the cameras were not turned on. Let’s discuss what data is available to an investigator or requesting party.

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