Legal Holds

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

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

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 [...]

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 [...]

Minimizing Risk in Separation of Employment

We are living in an age of unprecedented layoffs, work stoppages, downsizing, and general unemployment. I frequently call out weak corporate termination policies/protocols during discovery health assessments. It is a complicated process with many players, data sources and heightened emotions. Most people hate confrontations or making a scene. Any fuzziness in your separation protocols may result in former employees walking away with corporate data [...]

2019 Corporate eDiscovery Platform RFP Tool

Excel tool for corporate legal departments considering adding an on-premise or cloud based eDiscovery platform that covers legal holds through review and production.  This tool is derived from the eDiscovery Matrix and is a fairly narrowly focused version of broader RFP tools used for eDJ Group clients over the last decade. eDiscovery Journal members are welcome to use and modify this tool with attribution [...]

Low Early COVID-19 Lawsuit Numbers – Lull Before the Storm?

The relatively low rate of COVID-19 work safety lawsuits is not surprising while we are in the midst of the pandemic. I expect an inevitable surge in personal injury advertisements after we have an effective treatment or vaccine. “Were you or a loved one infected at work? Let the tough, smart lawyers at Acme Firm fight for your fair compensation!” I am not saying [...]

Preservation Collections for Remote Custodians

The Covid-19 pandemic has made remote work and home offices the new normal. Many corporations have already consolidated large corporate headquarter leases to the minimum footprint. The migration of large corporate data centers to Amazon S3 or Azure cloud servers has been going on for the last decade. So where does your critical ESI under hold live now? The reality is that your custodian’s [...]

Litigation Readiness for Reopening in the Pandemic

An old client gave me a good karma call (otherwise known as free consulting). She wanted my thoughts on how they could minimize the potential litigation and discovery cost of the inevitable workers comp and personal injury claims after employees contracted Covid-19 after returning to in person work. The best safety, sanitation and social distancing work practices will only minimize how rapidly or widely [...]

Managing Corporate eDiscovery During a Pandemic

Since March, most corporate counsel and discovery response teams have been working remotely. The global pandemic may have paused or slowed many civil courts, regulators and auditors, but not all. Many of my long term corporate clients issued work stoppage orders to control costs and gather information on the potential impact of the pandemic. It is now clear that social distancing and travel restrictions [...]

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