Ephemeral messaging applications are considered solutions for data protection and privacy concerns (Blink, And I’m Gone: E-Discovery Challenges and Considerations With Ephemeral Messaging). However, courts are wary of ephemeral messaging applications given they can empower a litigant to avoid discovery obligations. A recent decision from the District Court for the District of Arizona, details the consequences of using
Continue Reading Court Sends Signal to Parties Who Spoliated Documents Using Ephemeral Messages
If You See Something, Say Something: FinCEN Updates Advisory on Managing Ransomware Attacks
In a few short weeks, the global loss attributable to cybercrime is expected to surpass $6 trillion.* Therefore, in an effort to protect financial institutions and consumers from further loss, agencies including the United States Securities and Exchange Commission (A Cybersecurity Wake Up Call: SEC Sanctions Eight Firms for Cybersecurity Deficiencies) and the United States Department of
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Court Reminds Parties That Discovery Orders Are Not a Hoax
For some, discovery is merely a necessary evil in the litigation process. And so, it should come as no surprise that the discovery process is often ripe with gamesmanship. A recent decision reminds practitioners, however, that discovery is meant to be cooperative, and gamesmanship – especially repetitive and intentional gamesmanship – may be met with “death penalty sanctions” (Heslin
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A Cybersecurity Wake Up Call: SEC Sanctions Eight Firms for Cybersecurity Deficiencies
The U.S. Securities and Exchange Commission (“SEC”) recently identified cyberthreats as an enforcement priority (see 2021 Examination Priorities). Within months of the Commission’s announcement, the Commission brought three enforcement actions* which resulted in sanctions against eight investment advisory firms who failed to report cyber related attacks, failed to adopt, or failed to implement proper cybersecurity policies in
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Two-Steps and Voila: How To Authenticate Text Messages
When confronted with an issue of first impression – how to authenticate text messages – the Colorado Court of Appeals chose not to reinvent the wheel. Rather, it wisely borrowed from the Federal Rule of Evidence (“FRE”) 901.
Factual Background
In People v Heisler, the defendant and victim had been romantically involved. They remained in touch after they broke
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Fit For Discovery: The Discoverability of Wearable Devices
It is estimated that more than 100 million people are wearing an Apple Watch* and another approximately 31 million people are using the Fitbit.** It is further predicted that sales and use of these devices will continue to grow. And so, as people increasingly look for wearables that both “make technology more personal” and include a “cool factor”
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Cheat Sheet for Effective Search Terms
A prior post (Keyword Searching – What is it? And How Do I Do It (Well)?) offered some tips for crafting effective search terms for use in the e-discovery process. Although those tips still hold true, today’s blog offers ways to utilize an ESI protocol to promote a more seamless electronic search process.*
An ESI protocol is
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The Invaluable Benefits of Multi-Factor Authentication
The need to input a username and password when logging into a computer is a “single factor” authentication. But, from a security perspective, that single factor authentication only goes so far. Consider, for example, the ramifications if a hacker steals or guesses your username and password. What information could be compromised?
For law firms, cybercrime and data breaches have become
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Big Law’s Internal Audit of Associate Billing Reveals Padded Bills Associated with Document Review
We have heard it many times before – document review in today’s e-ubiquitous world is expensive. But imagine a client’s surprise when it learns an already expensive litigation task was plagued by associate over-billing.
According to a recent complaint filed with the Illinois Attorney Registration and Disciplinary Commission (“IADRC”) (see In the Matter of Stephanie Alexandra Gerstetter), an
Continue Reading Big Law’s Internal Audit of Associate Billing Reveals Padded Bills Associated with Document Review
Boilerplate Objections and Discovery Games Require Little Effort but Result in Big Sanctions
Bursztein v Best Buy Stores, L.P., (2021 WL 1961645 [SD NY 2021]) involves a personal injury lawsuit arising from plaintiff Perla Bursztein’s slip and fall accident in a New York City Best Buy store.
During discovery, Bursztein requested: (i) video surveillance footage of the accident; (ii) maintenance, and repair records for the location of the accident; and (iii) Best
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