Sanctions and adverse inference rulings are far too rare in my opinion. That is because far too often opposing productions are not scrutinized and compared against your own collections. Too few counsel run the metrics of key witnesses and wonder why their email counts suddenly dropped or vanished during the critical time frame. Lawyers should practice law and stay focused on evidence and merits [...]
Whether Sullivan or the legal department made the decision to conceal the hacker payoff is pretty much irrelevant to me. A felony crime was committed against Uber, it’s employees, it’s customers and shareholders. Your incident response workflow should include an assessment of reporting obligations. Even the most sensitive investigations need a formal workflow that documents the response decision process. Knowing that your actions and [...]
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 I was disappointed that a law firm article focused on recommendations that were outdated before it hit the digital presses instead of clear litigation preparedness guidelines.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 [...]
This ABA article lays out the rule, boundaries and considerations for avoiding issues when your eDiscovery process is challenged. I sit in that hot seat for some of my long term retainer clients who have invested in mature eDiscovery infrastructure. I recommend that corporations and firms identify their designated deponent(s), the scope of their coverage and the resources needed to support their testimony. The [...]
I resist reviewing white papers behind the contact wall, but Joe’s new ‘multidimensional analytics’ catch-word lured me into ponying up my email address to Knovos. Like many white papers, this one focuses on the benefits more than the technical functionality, but a demo or access to a matter loaded with public data should provide that info. Knovos believes their advantage lies in how they [...]
With a majority of our key employees working remotely via Zoom meetings, conference calls and various chat platforms Microsoft has just added automatic transcription functionality to user’s online Word application. This functionality enables users to convert previously recorded or live audio into a pretty good transcript that differentiates between speakers and has an associated xml file with the segment times. Tech savvy users have [...]
I try to read provider marketing papers when they are not hidden behind the contact collection wall, especially when they promise lists of cost saving tips. In this case, the list of ten tips seems to boil down to in-sourcing your ediscovery and buy Zapproved’s products. The overall principals behind the ‘tips’ are sound if rather obvious. Unfortunately, my PDF copy was missing all [...]
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 [...]
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 [...]
I am not recommending that you read this draft academic paper. It is pretty dry and focused mainly on societal trust of A. I. systems. Rob Robinson quotes the full introduction section that details the above four principals before diving into academic jargon. Lack of trust and ‘explanation accuracy’ seem to be the primary adoption barriers to PC/TAR relevance determination scenarios. Counsel is fine [...]