See what I did there? 😉 It probably won’t surprise many of you that organizations are continuing to embrace remote work more and that trend has been put into “hyperdrive” since the COVID-19 pandemic began. But, what do the numbers say? Here are twelve stats for you that illustrate the extent of remote working trends and the challenges that still remain with them.
As I wrote on Friday, during my presentation for the Virtual Lunch with Leaders Zoom call Thursday for the San Diego Paralegal Association, I discussed seven “DO’S” and seven “DON’TS” of writing – at least as it pertains to writing blog posts and articles related to legal and legal technology topics from my perspective. Friday, I wrote about the seven “DO’S”. Here are my seven “DON’TS”.
I was very honored to speak at the Virtual Lunch with Leaders Zoom call yesterday for the San Diego Paralegal Association. One of the things that I did as part of the presentation is discuss seven “DO’S” and seven “DON’TS” of writing – at least as it pertains to writing blog posts and articles related to legal and legal technology topics from my perspective. So, with that in mind, here are seven “DO’S” of writing, with comments about each.
Court Denies Plaintiff’s Request for In Camera Review of Documents Defendant Deemed Privileged: eDiscovery Case Law
In Washtena Cty Employees’ Retirement Sys. v. Walgreen Co. et al., Illinois Magistrate Judge Gabriel A. Fuentes denied plaintiffs’ request for in camera review of 75 documents included on defendant Walgreens’ privilege log where the descriptions all alleged “legal” review of issues that were highly disputed in the case.
In two cases weighing rights under the General Data Protection Regulation (GDPR) regarding Google, Germany’s top court rejected appeals in both of them, deciding that the right to information superseded the right to be forgotten.
Here’s a Webcast that Will Discuss Important Case Law for the First Half of 2020: eDiscovery Webcasts
I know I don’t have to tell you that 2020 has been a very unusual year. But, despite court closings, there have still been several notable and important case law decisions related to eDiscovery best practices and data privacy concerns this year – as many as ever. Here’s a webcast that will tell you what you need to know about those cases to prepare for the second half of 2020 and I’m excited to lead that discussion!
Today’s weekly blog post for Ipro’s blog is about eight considerations for you to be prepared to minimize your organization’s Redundant, Obsolete and Trivial (R.O.T.) effectively. Defensible deletion of R.O.T. within your organization is key to minimizing exposure from a compliance perspective and reducing costs during discovery. This topic is so big, I can’t cover it all in one post, so today, I’ll cover the first four considerations for defensible deletion and next week, I’ll cover the remaining four.
A couple of weeks ago, I covered the Schrems II case ruling, that just resulted in invalidating the EU-US Privacy Shield and I’ve covered developments regarding the Privacy Shield over the years. But, I haven’t covered it like Jonathan Maas has.
Not only that, but it has done so for nearly a year now, which I just discovered a couple of days ago. In August 2019, the American Bar Association adopted Resolution 112, which “urges” courts and lawyers to address Artificial Intelligence (AI). Find out more about that here.
Earlier this month, Ari Kaplan Advisors, a leading legal industry advisory company, released its sixth annual E-Discovery Unfiltered: A Survey of Current Trends and Candid Perspectives report, which features insights from corporate law department leaders and law firm partners about 29 eDiscovery vendors and a variety of popular trends. Find out more about it here!
According to BuzzFeed News, personal information of what could be hundreds of thousands of Instacart customers is being sold on the dark web. This data includes names, the last four digits of credit card numbers, and order histories, and appears to have affected customers who used the grocery delivery service as recently as earlier this week. Only, as of 4:22pm ET yesterday, Instacart says “it has not found evidence of a cybersecurity breach”. Hmmm.
Slack Trends – Here’s a Webinar on Using It and a Story About Slack’s Beef with Microsoft: eDiscovery Trends
Two topics in one! The messaging/collaboration platform Slack has become increasingly popular as a collaboration platform for work teams – especially in times of the pandemic with so much more remote work taking place. Here’s a webinar from Hanzo that will show how to get the most out of Slack as a legal team. Also, on Wednesday, Slack filed a competition complaint before the European Commission against its main rival, Microsoft.
If you loved Tom O’Connor’s takes on yesterday’s webcast, you’ll love his takes and interviews on a YouTube channel he’s been operating for six(!) years now and is once again regularly conducting interviews on, this time with Rachi Messing of Microsoft.
The Explosion of Organizational Data is at a Tipping Point: Here’s How to Understand What You Have and Mitigate Risk, Part Two
Editor’s Note: As I noted two weeks ago, the team at Exterro has given me the opportunity to be a guest author on their excellent blog, and my three-part series concluded yesterday. Likewise, Ron Rambo, the Content & Communications Manager for Exterro, has provided a two-part blog series for eDiscovery Today! Last week, we published […]
The Challenge Associated with Piecing Together the eDiscovery “Puzzle”, Part 3: eDiscovery Best Practices
The team at Exterro has given me the opportunity to be a guest author on their excellent blog, and over three weeks, I’ve been writing about the challenge of assembling the eDiscovery “puzzle”. Today’s final topic: audio/video files and Internet of Things (IoT) device data.
Today’s weekly blog post for Ipro’s blog is about best practices for releasing legal holds. With so much data in organizations, it’s more important than ever to enforce retention and destruction policies to manage that data effectively, so releasing legal holds can be very important to an organization to reduce costs that might otherwise be required to keep that data indefinitely. Learn about opportunities and caveats for releasing legal holds here!
It’s EDRM day! Mary Mack, CEO, Chief Legal Technologist at EDRM and Craig Ball, president of Craig D. Ball, P.C. were nice enough once again to interview me on a podcast which is available now.
The COVID-19 pandemic hasn’t stopped the flow of important and impactful eDiscovery and data privacy related case law decisions! Or other cases, for that matter. Tomorrow’s inaugural monthly EDRM webinar of cases covered by this blog discusses six key cases related to potential sanctions for spoliation of electronically stored information (ESI), as well as key cases related to data privacy and rights of litigants in civil and criminal cases.
On Thursday, Craig Ball issued a tweet stating “Long ago, I penned a piece called ‘The Perfect Preservation Letter,’ including an exemplar demand. It enjoyed broad uptake in the absence of anything better. It’s outdated. Today, I published a fresh version suited to modern forms. Please use sensibly.” Check it out here!
Court Orders Plaintiffs to Correct Production Deficiencies and Tie Replacement to Previous Production: eDiscovery Case Law
In White, et al. v. Wiseman, et al. Utah Magistrate Judge Jared C. Bennett ordered the plaintiff to “produce complete and full responses to the production requests at issue”, stating that “[t]he production of documents shall be Bates stamped and indexed to identify which documents are new, which documents are replacements, and which documents are responsive to which requests.”
If You Missed It, Here’s Your Chance to Catch Our ACEDS Webinar on Reasonable and Proportional Discovery: eDiscovery Webinars
On Wednesday, ACEDS conducted the webinar Seeing 20/20: Reasonable and Proportional Discovery in 2020 and Mandi Ross, Martin Tully, Mike Quartararo and I had a great discussion about challenges and best practices for reasonable and proportional discovery. If you missed it, you can catch it here
Max Schrems strikes again!
According to TechCrunch and several other publications, a highly anticipated ruling by Europe’s top court has just landed — striking down the flagship EU-US data flows arrangement called Privacy Shield.
It’s time for the Summer 2020 eDiscovery Business Confidence Survey, published (as always) on Rob Robinson’s terrific Complex Discovery site. So, has the confidence of individuals working in the eDiscovery ecosystem in the business of eDiscovery rebounded from the doldrums from last quarter’s COVID-19 influenced survey results? Let’s see.
The Challenge Associated with Piecing Together the eDiscovery “Puzzle”, Part 2: eDiscovery Best Practices
The team at Exterro has given me the opportunity to be a guest author on their excellent blog, and over three weeks, I’ll be writing about the challenge of assembling the eDiscovery “puzzle”. Today’s topic: mobile devices and messaging/collaboration apps.
The Explosion of Organizational Data is at a Tipping Point: Here’s How to Understand What You Have and Mitigate Risk
With evermore complex regulatory schemes continuing to challenge Legal and Compliance departments at businesses around the globe, General Counsel and Chief Legal Officers—along with their counterparts in Privacy and Security—have recently adopted more serious approaches to reviewing their data management and information governance practices. The big issue: The vast majority of the data an organization holds is not data that has a business use. Rather, it simply heightens potential risk or litigation liabilities.
Today’s weekly blog post for Ipro’s blog is the second of a two-part series regarding addressing Bring Your Own Device (BYOD) within your organization. It discusses five considerations you should address within a BYOD policy to establish proper use of BYOD devices by your employees and any other parties that might have access to organization resources.
Tomorrow’s Webinar Will Give You Reasonable Proportionality in Your Discovery Process: eDiscovery Webinars
Since the Federal Rule amendments in 2015 re-emphasized proportionality as a principle in relation to discovery, organizations have strived to manage the discovery process in a proportional yet defensible manner. What are the challenges with “right-sizing” discovery, what can be leveraged from the rules and relevant case law, and what best practices can be deployed for quick evaluation of potentially relevant custodians and data sources? Tomorrow’s webinar will address these questions, while providing recommendations and resources on this timely subject!
Let’s face it: between “tried and true” email, text messages and various messaging apps, there are more ways to send messages than ever before. But, which one (or ones) are most secure? Here’s an article from Ricoh’s Intelligent eDiscovery blog that discusses six alternatives and how secure each of them are.
Court Orders Parties to Confer After Defendant Conducts Unsupervised Self Collection: eDiscovery Case Law
In E.E.O.C. v. M1 5100 Corp., No. 19-cv-81320-DIMITROULEAS/MATTHEWMAN (S.D. Fla. July 2, 2020), Judge Matthewman granted in part and denied in part the plaintiff’s Motion to Compel a Privilege Log, Better Discovery Responses, and Fees, ordering the parties to “fully confer in good faith on or before July 9, 2020, and attempt to agree on relevant ESI sources, custodians, and search terms, as well as on a proposed ESI protocol and all other related discovery issues.”
Thought Leader Interview with John Wilson of HaystackID, Part Three: eDiscovery Trends and Best Practices
I recently interviewed John Wilson, Chief Information Security Officer and President of Forensics for HaystackID, who has more than two decades of experience providing IT, eDiscovery and digital forensics consulting services. We covered so much with regard to eDiscovery trends that we couldn’t fit it all in a single blog post. Part One of my interview was published Monday and part two was published on Wednesday, here is the third and final part.
Having done numerous webinars over the past several years, I’ve certainly noticed which topic consistently tends to attract the most interest – webinars about eDiscovery, cybersecurity and data privacy case law opinions and rulings. So, here’s a webinar of case law covered on this blog coming up in less than two weeks. But, it’s not just one case law webinar – it’s the start of a monthly series of them, thanks to a new partnership with EDRM!
Another Sedona Conference Commentary, This One on Enforceability of Orders Entered Under GDPR: eDiscovery Best Practices
Last week, The Sedona Conference® and its Working Group 11 on Data Security and Privacy Liability (WG11) announced that its Commentary on the Enforceability in U.S. Courts of Orders and Judgments Entered under GDPR has been published for public comment.
When I was a kid, I loved to piece together jigsaw puzzles. My attention span probably maxed out at puzzles that were 200 to 500 pieces. So, as you can imagine, trying to put together a 1,000 piece puzzle like the one in the picture above would be quite an undertaking. The team at Exterro has given me the opportunity to be a guest author on their excellent blog, and over the next three weeks, I’ll be writing about the challenge of assembling the eDiscovery “puzzle”.
Thought Leader Interview with John Wilson of HaystackID, Part Two: eDiscovery Trends and Best Practices
I recently interviewed John Wilson, Chief Information Security Officer and President of Forensics for HaystackID, who has more than two decades of experience providing IT, eDiscovery and digital forensics consulting services. We covered so much with regard to eDiscovery trends that we couldn’t fit it all in a single blog post. Part One of my interview was published Monday, here is part two.
Ipro’s Acquisition of NetGovern Shows That Investment Isn’t Completely Dead During COVID-19: eDiscovery Trends
Earlier this morning, Ipro Tech, LLC, a leading provider in eDiscovery, case management, and trial technology (and an Educational Partner of eDiscovery Today), announced the acquisition of NetGovern, a leader in Information governance, risk, and compliance software.
Court Recommends Adverse Inference Sanctions and Awards Attorney Fees for Spoliation: eDiscovery Case Law
In John, et al. v. Cnty. of Lake, et al., California Magistrate Judge Sallie Kim ruled that “Defendants or their counsel breached their obligations to provide discovery and that monetary sanctions are appropriate”. Judge Kim also recommended that the District Court provide an adverse inference instruction to the jury at trial.
Time for another thought leader interview on eDiscovery Today! My latest interview was with an expert on digital forensics and eDiscovery who has been involved in IT and eDiscovery for over 20 years! Here is Part One of my interview with John Wilson, Chief Information Security Officer and President of Forensics at HaystackID.
Wondering what I’m talking about with the title above? What do the numbers mean? Can you guess? Read below.
Here’s a Webinar that Will Discuss Internal Investigations in the Time of COVID-19: eDiscovery Webinars
Let’s face it, we all know that COVID-19 has moved much of the workforce from physical offices to a work-from-home world, and accelerated the adoption of collaborative business communication platforms such as Slack, Teams, and others. This presents increased potential for wrongdoing and increases the complexity of internal investigations. Here’s a webinar where you can learn practical insights for planning and conducting effective internal investigations for a remote workforce leveraging data from collaboration applications.
In 2011, The Sedona Conference® (TSC) made the first version of the Cooperation Proclamation: Resources for the Judiciary (Judicial Resources) available on the Sedona Conference website. They then updated it in 2014, just over three years later. I covered them both. 🙂 Took a while (about 5 1/2 years), but they just updated it again.
Something went wrong. Please refresh the page and/or try again.