Legal hold notification and custodial manual preservation of potential evidence was standard practice before complex digital systems became the primary sources. Many companies still rely on ‘do not delete’ hold instructions for mobile devices and cloud systems lacking central search, hold and collection capabilities. This approach may be appropriate in low-risk civil matters without any known bad actors or possible criminal elements. I cannot [...]
Software and hardware migrations happen. They should not result in the loss of information potentially relevant to known or reasonably anticipated legal matters. The Secret Service says that they ‘lost’ text data from January 5-6, 2021 in a long planned “system migration”. While it now appears that some or all of the lost texts may be recovered and produced, the failure of preservation process [...]
Microsoft’s transformation from on-premise enterprise to global cloud omni-platform has CXO’s asking “Why not just use Microsoft?” As a former product manager (mid-2000’s) for enterprise #Infogov and #ediscovery products that delivered mature features and clear ROI it was easy to answer that question. Now that Microsoft’s portfolio seems to check every RFP feature box it is a much tougher question. The pandemic forced corporations [...]
The Inspector General’s seizure of John Eastman’s phone should be a wakeup call for corporate legal and security stakeholders. US v. Barrera ruling in 2019 opened the door for law enforcement to use biometrics (face or fingerprints) to unlock a seized personal device. Every domestic or foreign customs agent just added this trick to their interview protocol. Think about that. Putting aside politics, I [...]
My Inbox blew up with Teams/Zoom meeting policy questions during the 2020 Pandemic exodus. Clients old and new wanted to enable remote business continuity while managing the potential risk they perceived in meeting recordings and transcripts. Frankly, most of my global corporate clients blocked recordings and are just now re-evaluating that decision as employees struggle with meeting overload. #Microsoft moved quickly to shift the [...]
Everlaw’s announcement of a ‘New World of #ediscovery’ peaked my interest. Frankly, I have not been inspired by any concept analytics since @SkipWalter recruited me into Attenex 15+ years ago. At first glance, the new Everlaw concept clustering bears a lot of resemblance to Attenex Patterns. Is Everlaw’s new clustering revolutionary? Not in my opinion, but that does not lessen the potential market impact. [...]
My thanks to Rob for this aggregate perspective of his ongoing pricing surveys. I thought that I would highlight or interpret some trends in light of pre-post pandemic impact. Overall Collection Costs: Clear rise in analyst rates in response to the tightening labor market. I would also posit that the explosion of remote/mobile employees contributes to the impact with more complex data types. Overall [...]
#2 – What is interesting to me is how customers focus on negotiating lower processing/hosting prices while ancillary tech/service prices (collections, analytics, classification/organization, productions, etc.) are often ignored. I do ROI reports based on the true TCO per matter/custodian/GB to get a better measurement. Overall I agree that the $/GB has been steadily dropping for the last 20 years. #5 – I am not [...]
A recent Zapier survey on the future of work polled 600 #knowledgeworkers from SMB companies. 64% said that remote work makes them more productive. While they feel more productive, how can remote professionals demonstrate that productivity without giving up their privacy? The Great Reshuffle is about the evolving employee-employer relationship more than just where we perform that work. Monitoring utilization, security and work [...]
Microsoft’s 2022 Work Trend Index report should be a wake up for execs like JPMorgan’s Jamie Dimon spouting, “We’re not going to pay your not to work in the office.” More than 31,000 respondents from 34 countries prove that “There’s no going back!” to pre-Pandemic Koyaanisquatsi cubicle work for professionals. The job security bubble has burst and 52% of Gen Z/Mellennials are considering changing [...]