Blog

The Chances of Many of You Returning to the Office is Becoming More Remote: eDiscovery Trends

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.

by Doug Austin

Seven “DON’TS” of Writing for Legal Professionals: eDiscovery Best Practices

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”.

by Doug Austin

Seven “DO’S” of Writing for Legal Professionals: eDiscovery Best Practices

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.

by Doug Austin

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.

by Doug Austin

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!

by Doug Austin

Eight Considerations for Defensible Deletion, Part One: Information Governance Best Practices

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.

by Doug Austin

Here’s an eDiscovery Survey with No Filter: eDiscovery Trends

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!

by Doug Austin

Was Instacart Hacked? They Say No, BuzzFeed Says Yes: Cybersecurity News

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.

by Doug Austin

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.

by Doug Austin

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 […]

by Ron Rambo

Know When to Hold ‘Em, Know When to…Release ‘Em: eDiscovery Best Practices

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!

by Doug Austin

Tomorrow’s Webinar Will Include In-Depth Discussion of Six Interesting Cases: eDiscovery Webinars

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.

by Doug Austin

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.”

by Doug Austin

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.

by Ron Rambo

Here are Five Considerations for Creating an Effective BYOD Policy: eDiscovery Best Practices

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.

by Doug Austin

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!

by Doug Austin

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.”

by Doug Austin

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.

by Doug Austin

Here’s Not Just One Case Law Webinar, But the Start of a Whole Series of Them: eDiscovery Webinars

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!

by Doug Austin

The Challenge Associated with Piecing Together the eDiscovery “Puzzle”: eDiscovery Best Practices

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”.

by Doug Austin

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.

by Doug Austin

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.

by Doug Austin

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