Secret Service Self Preservation?

Legal hold notification and custodial manual preservation of potential evidence was standard practice before complex digital systems became the primary sources. Many companies still rely on ‘do not delete’ hold instructions for mobile devices and cloud systems lacking central search, hold and collection capabilities. This approach may be appropriate in low-risk civil matters without any known bad actors or possible criminal elements. I cannot [...]

Lessons from the Secret Service Text Loss

Software and hardware migrations happen. They should not result in the loss of information potentially relevant to known or reasonably anticipated legal matters. The Secret Service says that they ‘lost’ text data from January 5-6, 2021 in a long planned “system migration”. While it now appears that some or all of the lost texts may be recovered and produced, the failure of preservation process [...]

Retaining Teams Meetings – Worth the Risk?

My Inbox blew up with Teams/Zoom meeting policy questions during the 2020 Pandemic exodus. Clients old and new wanted to enable remote business continuity while managing the potential risk they perceived in meeting recordings and transcripts. Frankly, most of my global corporate clients blocked recordings and are just now re-evaluating that decision as employees struggle with meeting overload. #Microsoft moved quickly to shift the [...]

eDJ Brief: Knovos

It has been a while since I caught up with my friend Joe Bartolo. Knovos has evolved from their service provider roots (Capital Novus) into a broad, diverse legal technology company. Despite Relativity’s dominance of the large matter review market, mid-market players like Knovos seem to be gaining traction with usable, focused products that meet specific customer requirements. eDiscovery functionality, performance and innovation can [...]

eDJ Brief: ZyLab ONE

Slowly but surely I am resuming regular briefings with providers. I remember when ZyLab first jumped into the US eDiscovery market with their hybrid archive/investigation tool. Thanks to Scott Hunter for walking me through their most recent release. In my not-always humble opinion, ZyLab always reminded me of Nuix. An innovative, independent architecture paired with a techie GUI that lagged the US market leader’s [...]

The Civil Discovery Impact of 50,000+ Smart Phone Extractions

Good find by Doug (who credits his wife) on Upturn.org’s new report on the widespread use of Mobile Device Forensic Toolkits like Cellebrite or Access Data by law enforcement. Aside from the civil liberties issues, I want to draw corporate litsupport/compliance/security attention to the logical progression that looms. The latest Gallup poll shows that 58% of employees work remote sometimes or always. I can [...]

eDJ Brief: Binfer.com – What is your Deliver SLA?

I had a good briefing with Binfer’s head of sales, Nate Van Drunen, earlier this week. Binfer.com provides secured (AES 256) direct transfer of large files. I have spent this week back in the client trenches subbing in for a lit support manager. That has been a timely reminder of the transferring ever larger collections to providers and firms. Really savvy techs can navigate [...]

Does Your BYOD Policy Cover Device Upgrades and Disposal?

Back in 2014 I wrote a piece on how Avast! pulled personal information from wiped Android phones sold on eBay to demonstrate the dangers of selling off your old smart phone. Now it seems that trading in your iPhone with Apple has not been safe since 2015. The improvements in device encryption may severely limit the potential exposure of corporate email, texts and credentials [...]

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