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 [...]
Have you ever wondered how Microsoft conquered the challenges of federated enterprise search? They cheated. This post and many more are part of a new 'collaboration hub' that I am hosting on the eDiscovery Journal site to share quickly changing information and 'better practices' for enterprise eDiscovery (mostly M365 for now). While writing a "Purview eDiscovery for Dummy's" draft I realized that some of [...]
Casepoint has rolled out FOIA and Legal Hold modules to solve government and corporate pain points. The key value I see is the deep integration of complex task management workflows with the underlying eDiscovery platform. I have seen many tracking systems for FOIA, DSAR and other external information requests. Few integrate both repositories (M365, Google, Box, etc.) and eDiscovery platforms. Similarly, most Legal [...]
Supreme Court politics aside, the lingering metadata demonstrates the potential a risk and value of editorial metadata embedded within documents that have not been ‘scrubbed’ prior to production. Even when revision history has been disabled, legal hold or retention policies may create unlimited versions based on Auto-Save settings. Using Save A Copy may retained older version history. Revision history in SharePoint defaults to 500 [...]
eDiscovery has grown up. That was my first thought when I saw the manned Microsoft booth at Legal Week. Google and Amazon have yet to really engage with legal, compliance and governance markets. To be fair, my friend Jack Halprin delivered the Google Vault back in 2012, but it seems to have gone quiet since his passing in 2018. The Microsoft legal department and [...]
Click to view full size As Mike McBride recently reported, M365 Purview(Premium) is rolling out a new aggregate report for legal hold locations. It finally arrived at my testing tenant. Unfortunately, it did not restore hold item counts, which I and my corporate clients have been requesting since they vanished from the Compliance Center. So what does the new report show 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 [...]
20 years after Zubulake v. UBS Warburg, LLC, 217 F.R.D. 309, [SDNY 2003] I still encounter corporate counsel issuing ad hoc legal hold notices without automated preservation in place across their data assets. Judge Scheindlin’s adverse inference ruling was the eDiscovery shot heard by every corporate counsel, though many put their heads right back in the sand. Legal hold technology acquisitions, product/feature launches [...]