Tech

Are you Ready for the October Wave of Pandemic Layoffs?

Many corporations and smaller businesses took COVID-19 stimulus funds that prevented them from mass furloughs or layoffs until October. That employee protection is about to run out. Hundreds of thousands of workers will log off after receiving the bad news by email or phone. Many of them will walk away with thumb drives full of customer lists, contacts, competitive pricing and other sensitive corporate [...]

By |2020-09-18T15:42:39-05:00September 18th, 2020|Legal Holds, Essay|0 Comments

Responding Party Controls TAR Strategy

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 [...]

By |2020-09-16T10:38:26-05:00September 16th, 2020|Analytics, Caselaw, Collection, Processing, Analysis, Review, News|0 Comments

Preserving the Context of Privileged Communications

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 [...]

By |2020-09-14T12:41:08-05:00September 14th, 2020|Analytics, Content Management, Caselaw, Privacy, Review, News|0 Comments

Trust But Verify Includes Your Executives

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 [...]

By |2020-09-10T15:19:26-05:00September 10th, 2020|Legal Holds, Caselaw, Compliance, News|0 Comments

eDJ COVID-19 Guideline Challenge: Preserving Ephemeral CDC Guidance

The Wayback machine has taken 2,073 snapshots of the CDC’s COVID-19 Business Guidance webpage since it was launched March 6, 2020. Why would it make >11 snapshots per day (74 on August 17th)? This CDC page is the primary national level guidance for businesses that want to reopen safely. The nifty Changes tool (beta screenshot below) shows that page could have changed 2-3 times [...]

A.I. Liability: Tools No Better Than Trainers

I do a lot of acceptance and QC testing for clients as their designated 30(b)(6) witness of their discovery systems. In fact, I like to find hidden gotchas and exceptions that I can take back to providers to fix. In over 30 years I have never found a ‘bad’ analytic system. Instead I frequently encounter users who do not ‘trust but verify’ before they [...]

By |2020-09-01T14:04:19-05:00September 1st, 2020|Analytics, Processing, Analysis, Review, Essay|0 Comments

Multidimensional Analytics – Merging Perspectives

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 [...]

By |2020-08-31T14:51:13-05:00August 31st, 2020|Analytics, Investigation, Processing, Analysis, News|0 Comments

Are You Ready for Thousands of Zoom-Teams Transcripts?

This week Microsoft added an automated transcription feature to their online Word. It is easy to use and renders a surprisingly accurate transcript that differentiates between speakers and keeps the times of the conversation segments. This is great from a user perspective. Why bother to keep meeting notes when you have a free transcript of everything said? It does present some challenges to your [...]

Yet Another O365 Data Source – Meeting Transcriptions

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 [...]

By |2020-08-27T13:45:08-05:00August 27th, 2020|Content Management, ESI Sources, Search, Info Gov, News|0 Comments

10 Ways Zapproved Says You Have to Spend to Save

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 [...]

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