Preservation

Time for Mobile Device Preservation Investments

If you do not follow Kelly Twigger’s newsletter and/or the eDiscovery Assistant service, you should. She gives us excellent analysis and on point commentary on this case highlights the complexities of mobile device (especially BYOD devices) preservation obligations and early preservation strategies. I have struggled with global enterprise clients to get them to understand how important critical ‘ad hoc’ mobile chat communications can [...]

eDJ Brief: X1 Enterprise Collects Teams and More

The X1 Enterprise Collect Platform now indexes in-place and collects ESI from M365 Teams, OneDrive and SharePoint. While most other Microsoft partners utilize the Graph API to extend Microsoft’s Purview eDiscovery and compliance functionality, X1 execs John Patzakis and Kunjan Zaveri gave me a deep dive into the advantages offered by their ‘direct connector’ approach.

123k Tech Layoffs and Counting – Termination Nightmares

Do your employee transition workflows preserve critical communications and ESI under hold? Meta’s announcement of another 10,000 layoffs got me wondering how high the 2023 tech body count had reached. TechCrunch counts 123,000 in 10 weeks so far. Luckily ZipRecruiter says that 54% found new jobs within a month. The Bureau of Labor Statistics says that 25-34 year old works average just 2.8 years [...]

Potential Adverse Inference for Chat Expiry Policy

Interesting counterpoint to Twitter’s Slack outage killing productivity. Google’s internal Hangout’s have a default 24 hour purge that had to be manually changed to keep chats. ESI is more than just email and Word documents. Employees need the freedom to innovate and experiment with new technologies to be competitive. Legal, compliance and security teams must keep up with evolving business-communication practices to control risk. [...]

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 [...]

Barrera – Time to Update Corporate Travel Policies

The Inspector General’s seizure of John Eastman’s phone should be a wakeup call for corporate legal and security stakeholders. US v. Barrera ruling in 2019 opened the door for law enforcement to use biometrics (face or fingerprints) to unlock a seized personal device. Every domestic or foreign customs agent just added this trick to their interview protocol. Think about that. Putting aside politics, I [...]

The Great Resignation, Return or Reshuffle? Part 1

Microsoft’s 2022 Work Trend Index report should be a wake up for execs like JPMorgan’s Jamie Dimon spouting, “We’re not going to pay your not to work in the office.” More than 31,000 respondents from 34 countries prove that “There’s no going back!” to pre-Pandemic Koyaanisquatsi cubicle work for professionals. The job security bubble has burst and 52% of Gen Z/Mellennials are considering changing [...]

Veritas Compliance Winter Release Announcement Webinar

I hope that you join Dave Scott and myself for the Veritas Compliance Portfolio Winter Announcement webinar this Wednesday January 19th at 10am CST. Join us to hear about all the new capabilities of Veritas (formerly Symantec) Digital Compliance portfolio. Dave will cover all the new data sources and features from Enterprise Vault, eDiscovery Platform and more. I have been invited to discuss 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 [...]

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