Go Ahead, Be Obscene in that Teams Meeting

The Obscenity list was one of the first automatic classification lists my team built into our Summation databases back in the bad old Enron days. We were one of the first defendants forced to search and review native raw email from the Exchange journal. Energy traders had filthy mouths and it was an easy way to spot heightened emotions. We also learned to route [...]

Teams Workspace Hubs = ESI Evolution

Microsoft and Google are busy re-inventing how knowledge workers collaborate. Many of us have stumbled onto complex sets of interdependent Excel workbooks being shared by accounting, sales and other teams. With good chain-of-custody procedures, I have reconfigured environments so that counsel or experts could manually review these ‘semi-structured’ file sets to extract potentially relevant snapshots. The breadth of sources simultaneously touched by Teams and [...]

ILTACON 2021 – Taking Social Distancing to Far?

ILTA 2021 panel with speakers that usually pack a session 2020 was my first year off the conference circuit in 3 decades. I miss running and participating in panels, briefings and social events. Most of all, I miss my eDiscovery friends, clients and peers. I wanted to spend these days hustling between ILTACON meetings and events through the crowded Mandalay Bay halls. [...]

By |2021-08-24T15:40:33-05:00August 24th, 2021|United States, Essay|1 Comment

Apple Scanning ALL U.S. iPhones in a BYOD World

Apple plans to start scanning all U.S. iPhones for images of child sexual abuse using a tool called “neuralMatch” or “NeuralHash” against a database of known images. Womble Dickinson’s JDSupra article covers many of the high-level privacy concerns and explores Apple’s plans for a service that will scan encrypted messages for sexually explicit content to provide parental notice. Using a generated hash to check [...]

Videos Gone in 60 Seconds (Days): Teams Meeting Recordings

Just a quick update as MSFT continues to consolidate storage architectures and change defaults. Per Roadmap 84580 this change will be rolled out next month.  I rarely see legal holds issued for meetings that occurred within the last 2 months, so conservative or regulated companies should extend the default retention period for TMRs to match your current base retention period. I am sure that [...]

By |2021-08-03T13:27:10-05:00August 3rd, 2021|News, Legal Holds, Content Management, ESI Sources|0 Comments

Does Fiduciary Duty in Adversarial System Engender Confirmation Bias in eDiscovery?

Charles Chaffin’s Numb: How the Information Age Dulls Our Senses and How We Can Get them Back on confirmation bias got me thinking about our new generation A.I. review systems. Legal practitioners have long known about the dangers of confirmation bias blinding them to key facts adverse to their client’s positions. I am not an attorney and will not opine on counsel’s duties or [...]

By |2021-08-10T12:45:32-05:00August 3rd, 2021|Essay, Analytics, Research, Analysis, Review|0 Comments

Behind Brand Building: Link Placement Services

eDJ-Quick non-eDiscovery look at link placement. I have had marketing execs supply me with relevant link lists for contract white paper engagements (where do you think some of those provider best practice papers came from?). The email below snuck through my filters and got me curious about the rates and services offered. According to Neil Patel, a blogger can make $45-550 for every link [...]

By |2021-07-30T09:45:57-05:00July 30th, 2021|Essay|0 Comments

Custodian Working Styles – Key to Deciphering Decisions?

The recent raft of spoliation sanctions like Iacovacci v. Brevet Holdings, LLC seem to share fundamental misunderstandings around where key decision communications resided and how to preserve them. Broadly worded legal hold notices do indeed usually cover text and chat messages. Rarely do they convey practical instructions on preservation. In my opinion, these informal communication channels were once viewed as ‘non-records’ and avoided by [...]

By |2021-07-31T09:11:41-05:00July 29th, 2021|Info Gov, Essay, Content Management, ESI Sources|0 Comments

How Legal Tech Dies: eDiscovery Point

Lost in all the hype around market consolidation and IPOs is the sad truth that the vast majority of legal technology is destined to end up in the digital dust bin. Thompson Reuters announced the retirement of eDiscovery Point by June 2022. Launched in 2016 and fueled by the CaseLogistix IP/talent TR acquired in 2010, eDiscovery Point never seemed to gain market traction against [...]

By |2021-07-28T12:33:03-05:00July 28th, 2021|Platform, Essay, Firm, Global, Purchase|2 Comments

CS Disco IPO – $2.5B Market Cap from $30M 2020 Loss?

I am generally bullish on what I consider to be the undersized eDiscovery market. The $44 stock price spike after the CS Disco’s IPO equates to a $2.5B market capitalization. That is a 36X MULTIPLE of CS Disco’ s reported $68.4M 2020 revenue. Red flags pop up for me considering that CS Disco lost $29.8M in 2020 and $22.8M in 2019. According to the [...]

By |2021-08-05T15:02:00-05:00July 23rd, 2021|Platform, Provider, Essay|1 Comment
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