Back in 2004, Exterro and PSS Atlas were the only COTS data map solutions in the eDiscovery market. For decades they have relied on data source owners to enter or update the record entries. I have helped clients build scheduled imports from IT asset and other systems. I have no idea how these two products have survived 16 years without the ability to scan [...]
Rumor-mill articles like this one remind me of the chatter during the HP-Autonomy acquisition. The author does document the requests/responses to Brainspace’s parent companies. It is far too easy to assume fire from smoky standard PR disclaimers or lack of responses. I have heard similar rumors about Exterro and other eDiscovery players more times than I could count. Without someone willing to go on [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]