Normally I dig through the actual ruling language for new eDiscovery caselaw. In this case my former Symantec alumni has written a great summary of the contested discovery protocols. I refrained from quoting his closing four take-aways, but they are worth a read. What caught my interest here was the defendant’s original strategy to use its “Microsoft Tool” (I bet O365 Advanced eDiscovery) to [...]
The article is a long and rather scholarly coverage of the evolution of the communication privilege. It brings up a couple interesting issues for retention policies and classification systems. First is the need to retain the actual communication wrapper for legal work product to preserve privilege. The proliferation of online meetings, chat and collaboration channels are generally considered informal communications and not addressed by [...]
This kind of clear, simple Excel solution to a common LitSupport pain point is exactly what made the old LitSupport Yahoo Group special. No sales pitches. No motivation other than sharing knowledge. I encourage everyone to find ways to share your own hard earned knowledge. It is already on most of your LinkedIn feeds, so will not be sharing it off the site.
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 I was disappointed that a law firm article focused on recommendations that were outdated before it hit the digital presses instead of clear litigation preparedness guidelines.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 [...]