United States

Dodging Deserved Spoliation Sanctions

Although it appears that the jury will hear about the defendants bad acts, I am disappointed that the court declined the harsher subsection (e)(2) because the plaintiffs did not have evidence of intent. This ruling could temp corporations to ‘lose’ encryption keys rather than deal with evidence. I bet that if you had all the various communications between the key players you would find [...]

By |2021-06-03T14:43:36-05:00June 3rd, 2021|Federal, Caselaw, News, Collection|0 Comments

M365 Advanced eDiscovery Spring Update

Microsoft’s Information & Protection teams are rolling out Advanced eDiscovery(AED) updates at a remarkable rate. The product team’s April 7th webinar and presentation deck has not yet been published, but I wanted to share some perspectives on how these updates may impact AED users. The pandemic has driven E5 license upgrades and features to support remote employees, which makes AED usage more practical for [...]

It’s a Jump to the Left – Relativity Acquires VerQu

Relativity’s acquisition of VerQu makes a lot of sense from the corporate RelativityOne customer perspective. Once integrated, the VerQu Hydra connectors have the potential to dramatically expand the scope of holds, in-place searches and collections. The pandemic has escalated adoption of Teams, video conferencing and a myriad of collaboration platforms that Hydra already gives customers access to. In a happy coincidence, VerQu was on [...]

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

Nuggets of Gold from a TAR Fight – Pt 2

I wanted to take advantage of Rob Robinson’s timely release of his Winter 2021 eDiscovery Pricing Survey Results and compare a few key prices with those I calculated in my blog analysis of the TAR fight order in Lawson v. Spirit Aerosystems. I appreciate and encourage Rob to keep running his surveys. Seventy nine respondents (n=79) is quite respectable given the recent proliferation of [...]

By |2020-12-08T11:27:58-06:00December 8th, 2020|Federal, Provider, Caselaw, Essay, Firm, Processing, Analysis, Review, Purchase|1 Comment

Measuring Your In-House eDiscovery Maturity

I love surveys. Even surveys from Providers that I know are going to be skewed by their customer base. In this case, the 220 respondents (I had to ask Exterro for that number) on their in-house benchmarking survey skewed towards mid-tier to global corporations without a formal eDiscovery team. Wow. Only 4% of respondents said that they had a dedicated eDiscovery project manager running [...]

By |2020-10-13T16:51:36-05:00October 13th, 2020|United States, Corporate, 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 [...]

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, News, Preservation|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|United States, News, Matter Management, SMB, Management|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 [...]

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