Migrated from eDJGroupInc.com. Author: Greg Buckles. Published: 2016-04-26 20:00:00Format, images and links may no longer function correctly.
So the complete quote from David C. Shonka, acting FTC GC, goes something like, “If you are going to ask for plutonium, don’t tell me that you cannot afford the containment system.” To be clear, all of Mr. Shonka’s remarks during the Sedona Conference session tracks at Ipro Innovations were made on his own behalf and not FTC policy. This particularly fabulous quote was in response to my question about the burden of effective security on solo or small firm plaintiffs for large electronic productions containing personal or confidential information. My take away is that proportionality, reasonableness and other factors do not waive counsel’s primary ethical responsibility to safeguard their client’s data or opposing productions. In the days of bates stamped boxes of paper, law offices and providers with man-trap hallways gave clients the illusion of security. Cloud email, mobile review, BYOD and demands for instant online access to massive ESI collections require a more formal diligence to secure and transport ESI. No wonder that some eDiscovery providers have begun to add security consulting and breach response to their offerings. The bottom line is if you ask for it, you have to be ready to provide reasonable protection for your ESI. More conference notes and perspectives after I have done my session on eDiscovery market trends.
Greg Buckles wants your feedback, questions or project inquiries at Greg@eDJGroupInc.com. Contact him directly for a ‘Good Karma’ call. His active research topics include analytics, SMB eDiscovery, mobile device discovery, the discovery impact of the cloud, Microsoft’s Office 365/2013 eDiscovery Center and multi-matter discovery. Recent consulting engagements include managing preservation during enterprise migrations, legacy tape eliminations, retention enablement and many more.
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