The Wayback machine has taken 2,073 snapshots of the CDC’s COVID-19 Business Guidance webpage since it was launched March 6, 2020. Why would it make >11 snapshots per day (74 on August 17th)? This CDC page is the primary national level guidance for businesses that want to reopen safely. The nifty Changes tool (beta screenshot […]
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 […]
If this week has been short on visible output, it has been a busy one for the preparation of things to come. On Tuesday, we had the prep call for the International Panel at Relativity Fest. Relativity Fest is a …
Despite early articles proclaiming a dearth of COVID-19 related lawsuits, the first waves have hit the courts. I was disappointed that a law firm article focused on recommendations that were outdated before it hit the digital presses instead of clear litigation preparedness guidelines. Back in July I outlined some better practices for corporate litigation defense […]
This ABA article lays out the rule, boundaries and considerations for avoiding issues when your eDiscovery process is challenged. I sit in that hot seat for some of my long term retainer clients who have invested in mature eDiscovery infrastructure. I recommend that corporations and firms identify their designated deponent(s), the scope of their coverage […]
I do a lot of acceptance and QC testing for clients as their designated 30(b)(6) witness of their discovery systems. In fact, I like to find hidden gotchas and exceptions that I can take back to providers to fix. In over 30 years I have never found a ‘bad’ analytic system. Instead I frequently encounter […]
I resist reviewing white papers behind the contact wall, but Joe’s new ‘multidimensional analytics’ catch-word lured me into ponying up my email address to Knovos. Like many white papers, this one focuses on the benefits more than the technical functionality, but a demo or access to a matter loaded with public data should provide that […]
The Secret Barrister’s second book Fake Law has as its subtitle “The Truth About Justice in an Age of Lies“. Publication was held over from the spring, and the book arrives at a time of public dishonesty such as we … Continue reading …
* UPDATE July 13, 2020 – As anticipated, the Bank of America Chicago Marathon has been cancelled in response to…
For the past 15 years I have seen providers modifying, revising and ‘updating’ the EDRM model to better suit their products or services. A fast image search for ‘New EDRM’ brings up some lovely examples. I view Zapproved model as being more aspirational than practical based on what I see in most corporations. Zapproved’s EDMM […]
As I listened to an interview with Mary Trump about how she turned over financial documents to the New York Times it got me thinking about all the incredibly sensitive information just parked at firms world wide for inactive/settled matters. Fred Trump’s contested will was settled in 2001. Those 19 boxes of documents sat at […]
The above snippets are just two good examples of how preservation language and issues have evolved since Craig wrote his first exemplar preservation letter for the community back in 2006. I frequently review client preservation/record management policies, protocols and compliance practices to spot issues such as those called out above. I just wish that every […]
