I would like to repost Chris Dale’s tribute to Robert Childress, which contains links to other heartfelt comments about Robert and his massive contributions to eDiscovery.  Robert was someone that was a known quantity in my professional life since I began in the eDiscovery space in 2008, I admired him – he was one of the “bubble celebrities” to me.  I am indebted to Robert and his legacy, as are all of us are in this space. 

As a 30(b)(6) witness for some of my clients, I follow eDiscovery spoliation cases closely. Most of them have little or no ‘teeth’ when a party has even attempted to meet their obligations. It is nice to see a magistrate drop the hammer on a party who appears to have consistently and deliberately tried to […]

I love surveys. Even surveys from Providers that I know are going to be skewed by their customer base. In this case, the 220 respondents (I had to ask Exterro for that number) on their in-house benchmarking survey skewed towards mid-tier to global corporations without a formal eDiscovery team. Wow. Only 4% of respondents said […]

Back in 2014 I wrote a piece on how Avast! pulled personal information from wiped Android phones sold on eBay to demonstrate the dangers of selling off your old smart phone. Now it seems that trading in your iPhone with Apple has not been safe since 2015. The improvements in device encryption may severely limit […]

With the recent release of ephemeral messaging in WhatsApp, Greg Buckles asks a very important question: Are those vanishing messages and attachments generated by employees really gone? Some forensic exploration would certainly help answer shed some light on this inquiry.

Normally I dig through the actual ruling language for new eDiscovery caselaw. In this case my former Symantec alumni has written a great summary of the contested discovery protocols. I refrained from quoting his closing four take-aways, but they are worth a read. What caught my interest here was the defendant’s original strategy to use […]

The article is a long and rather scholarly coverage of the evolution of the communication privilege. It brings up a couple interesting issues for retention policies and classification systems. First is the need to retain the actual communication wrapper for legal work product to preserve privilege. The proliferation of online meetings, chat and collaboration channels […]

This kind of clear, simple Excel solution to a common LitSupport pain point is exactly what made the old LitSupport Yahoo Group special. No sales pitches. No motivation other than sharing knowledge. I encourage everyone to find ways to share your own hard earned knowledge. It is already on most of your LinkedIn feeds, so […]

Sanctions and adverse inference rulings are far too rare in my opinion. That is because far too often opposing productions are not scrutinized and compared against your own collections. Too few counsel run the metrics of key witnesses and wonder why their email counts suddenly dropped or vanished during the critical time frame. Lawyers should […]

Whether Sullivan or the legal department made the decision to conceal the hacker payoff is pretty much irrelevant to me. A felony crime was committed against Uber, it’s employees, it’s customers and shareholders. Your incident response workflow should include an assessment of reporting obligations. Even the most sensitive investigations need a formal workflow that documents […]