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 [...]
Doug Austin and Prosearch have been covering Recall privacy concerns. It is not surprising that the local Recall database is hackable. Many forensic peers would call that an ‘accessibility feature’ for discovery scenarios. Will savvy plaintiff counsel add language to their demand letters requiring Recall enablement and content preservation for key custodians in scenarios with ongoing behavior issues? This is essentially user ephemeral data. [...]
What can your eDiscovery Platform do through the M365 Purview eDiscovery’s new API? My recent blog covering the potential API fees for exports highlighted the risk of the traditional ‘pump and dump’ custodial approach to M365 ESI. The eDiscovery API can do a lot more than just bulk exports managed by many integration partners. I have multiple global corporate clients managing their in-place [...]
Where did that collection come from? I had a long Teams session with an old friend wrestling with certifying collections made by corporate clients. He raised many legitimate concerns regarding Microsoft 365 search limitations and source complexities. The conversation inspired me to create a fast Purview eDiscovery collection checklist to covering the overall decisions, scope, criteria and process. While I prefer formal protocols and [...]
My Legalweek Exterro briefing with CMO Bill Piwonka focused on their recent acquisition, GenAI powered legal holds and overall data risk management brand. Since taking $100M in funding from Leeds Equity Partners in 2018, Exterro has grown by acquisition and integration of privacy and data governance, forensics, legal hold and data discovery technologies. Legalweek announcements: Exterro, a Leeds Equity Portfolio Company, Acquires Data Discovery [...]
Matt Rasmussen ModeOne provides one of the few, possibly the only, technology for practical, selective preservation and collection of mobile content from busy corporate employees. For over a decade I have been proclaiming the need for eDiscovery workflows to address mobile device content. Beyond the technical challenges and extended time required to take full forensic images of custodial phones, the comingling [...]
At first glance I thought, “Fantastic! I have RelativityOne clients begging for this!” Last July ModeOne announced a direct partnership with Exterro and it is good to know that their technology will be accessible for other platforms. However, it appears that it will only be available via the 3 service partners for the next 12-months. I will nail this down in my briefing [...]
The Microsoft 365 Purview product team was well represented at Relativity Fest with Nick Robinson, Caitlin Fitzgerald and Erica Toelle. Our briefing focused on recent Purview feature releases and how M365 customers are leveraging Purview eDiscovery despite many common market misconceptions. M365 and the Purview eDiscovery (Premium) features cover the majority of the ‘upstream’ EDRM model phases for many discovery usage cases. The actual [...]
Preparing for David Horrigan's 'The e-Discovery State of the Union' at Relativity Fest 2023 nudged me to write an article that asks: "Has collaborative ESI broken the traditional concept of custodianship? Putting aside collaborative messaging ESI, collaborative ‘documents’ or workflows may challenge the traditional possession, custody or control tests for admission of evidence in legal proceedings. Beyond authentication, practitioners should assess and adapt their [...]
In my bad old analyst days, I was frequently asked to draft ‘competitive analysis’ content like this for marketing teams worried about losing customers. It is relatively easy to highlight any product’s documented limitations, the trick is to recast them in an unsuitable usage scenario. Casepoint asserts that customers are using M365 Purview for the ‘whole eDiscovery process’. The Microsoft product team has [...]