Preservation

Sanctions for eDiscovery Incompetence – Finally

Disdain and frustration fills the 256 page opinion from US District Judge Iain D. Johnston sanctioning defense counsel and defendant. The Gibbons Law Alert summary manages to convey some of this, rightfully calling it “a veritable Keystone Kops series of discovery errors and misrepresentations spanning several years.” Judge Johnston’s righteous ire over counsel’s ‘indifference’ and ‘incompetence’ regarding the defendant’s behavior that resulted in incomplete [...]

By |2021-03-30T10:55:40-05:00March 30th, 2021|Caselaw, Essay, Compliance, Preservation, Collection|2 Comments

M365 AED Collections – Not Actually Collected

The latest update to the M365 Advanced eDiscovery console is on their way to your or your client’s tenant. While this change seems to be primarily cosmetic (renaming Searches to Collections tab), there are some important things going on under the surface. In my recent blog on Handling M365 Unindexed Content I explained how AED automatically processes and reindexes partially or unindexed items placed [...]

What is Your Messaging App Tracking?

In the days of on-site policy assessment engagements, I loved asking random attendees to step away from their laptops so that I could ‘compliance check’ them. For new or stuffy clients I would ask the MIS/Security stakeholder to pick some random ‘safe’ machines on the floor for the check. Inevitably, every poor admin chosen had stashes of PSTs/MSGs, private gmail mailboxes open, various chat [...]

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 [...]

Exterro:AccessData – Reverse Food Chain?

These kinds of parallel acquisitions generally happen right after a round of funding. To provide some context, Exterro was founded in 2004 and took $100M round of funding in 2018. Zoominfo has them at $36M in revenue with 170 employees (grain of salt). Founded in 1987, AccessData was one of the first forensic tools I used during my CSI years. Owler has AD’s at [...]

Unlimited Mailboxes = Email Hoarding?

The pace of corporate migrations to Microsoft 365 (the new name for Office 365) has accelerated over the last nine years (2011 launch). I have supported these migrations of most of my long term clients with policy reviews, preservation audits, workflow adaptions and more. Two to five years post-migration my health checks and annual discovery metrics reports tell a universal tale of bloated mailboxes. [...]

Rapid Changes to Microsoft AED2 UI

Even though Microsoft just released their new version of the Advanced eDiscovery (AED2) interface, they seem to be releasing UI changes in relatively short development cycles. That is good if you are waiting for the Graph API functions to integrate with AED2, but bad if you already updated your protocols and documentation. This update changes the workflow for adding a Custodian or Data Source [...]

By |2020-11-20T16:46:38-06:00November 20th, 2020|News, Preservation, Legal Holds, ESI Sources, Architecture|0 Comments

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 [...]

eDJBrief: Relativity & Microsoft 365

With Microsoft retiring their Advanced eDiscovery v.1, some related PowerShell cmdlets and soon the Core eDiscovery interface, I asked the Relativity team for a briefing on how these changes might affect my clients using RelativityOne for in-place holds and collections. Overall I am happy to understand that the Microsoft-Relativity relationship is active and strong. The Relativity Legal Holds team has been aware of Microsoft’s [...]

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