Linked: Google routinely hides emails from litigation by CCing attorneys, DOJ alleges
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Linked: Google routinely hides emails from litigation by CCing attorneys, DOJ alleges

I mean, it seems so simple, and yet so genius. But also so very unethical:

“In a program called ‘Communicate with Care,’ Google trains and directs employees to add an attorney, a privileged label, and a generic ‘request’ for counsel’s advice to shield sensitive business communications, regardless of whether any legal advice is actually needed or sought. Often, knowing the game, the in-house counsel included in these Communicate-with-Care emails does not respond at all,” the DOJ told the court. The fact that attorneys often don’t reply to the emails “underscor[es] that these communications are not genuine requests for legal advice but rather an effort to hide potential evidence,” the DOJ said.”

Rampiva Releases Baseline – New Free Tool To Measure Workloads in Nuix

Rampiva Releases Baseline – New Free Tool To Measure Workloads in Nuix

This post is a little specific to Nuix users, which I know is not something I’ve been posting for a while now, but I had the opportunity to talk to Bill Potter from Rampiva about a week ahead of the release of their new tool and wanted to share some of that conversation with you.

You can read about Baseline here.

In essence, the idea is to solve an interesting problem that has existed with Nuix Workstation users for years, finding an elegant tool that lets you know just how much work your people and your technology are doing.

Good Information on the Current State of the eDiscovery Job Market

Good Information on the Current State of the eDiscovery Job Market

I tuned into a webinar yesterday put on by ACEDS, and then saw today that Jared Coseglia, from TRU Staffing Partners, had posted an article with many of the same points he mentioned on the webinar. If you’re in the eDiscovery space or want to get into the eDiscovery space, this is worth a read:

An Important eDiscovery Lesson From Jon Gruden
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An Important eDiscovery Lesson From Jon Gruden

See Jon, even when the investigation has nothing to do with you, those comments you made in the email exist, and the guy you sent them to didn’t, or couldn’t, delete them. So even though they may have flown under the radar for all these years, all it took was one investigation or lawsuit to involve the other people on the email chain, and everything you said is now out there.

You would think people would stop having to relearn this lesson every few years, but alas here we are.

Linked: This May be the Biggest Looming Issue in eDiscovery That Few People Are Talking About
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Linked: This May be the Biggest Looming Issue in eDiscovery That Few People Are Talking About

Where I will disagree with Doug though is when he says few people are talking about this. I have this conversation with clients, peers, and others, every single day, sometimes multiple times in a day.

Everyone is talking about it, but they aren’t talking about it in regards to email, rather it is within collaboration platforms like Teams and Slack where shared files are always links, and those links may be in a variety of locations.

Those linked files matter, but not in the same way an email attachment used it, and legal teams are going to have to understand all of that. Is your team ready?

Linked: Ongoing M365 Tenant Upgrades/Migrations
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Linked: Ongoing M365 Tenant Upgrades/Migrations

It’s not normal for us to be using a platform that works one way, then changes and works another way two weeks later, but that is absolutely the way the Agile development is going to happen. The decision to change will be pushed by the business case for making the change, eDiscovery will be a second thought, if a thought at all.

That means two things in my mind in addition to the things Greg lays out in his post below.

1. You have to test, test, test. Constantly. You have to stay on top of new features, old feature changes, undocumented changes, etc.

2. The legal industry as a whole is going to have to get a lot more comfortable with “good faith efforts” being a little more of a gray area as these changes get made. What we could collect easily before, may require a lot more time and effort today, or it may not be possible today because of a bug in a recent update.

It’s going to happen. Whether you want to talk about M365, Google, cloud document management, cloud review platforms, or even cloud backups. Things will happen beyond our ability to control them, and those things will impact eDiscovery. Are we going to be OK accepting that?