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
Continue Reading A Cybersecurity Wake Up Call: SEC Sanctions Eight Firms for Cybersecurity Deficiencies

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
Continue Reading Two-Steps and Voila: How To Authenticate Text Messages

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”
Continue Reading Fit For Discovery: The Discoverability of Wearable Devices

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
Continue Reading Cheat Sheet for Effective Search Terms

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
Continue Reading The Invaluable Benefits of Multi-Factor Authentication

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

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
Continue Reading Boilerplate Objections and Discovery Games Require Little Effort but Result in Big Sanctions

Riddle me this:  Is a document that resides on your network and which you embed in an email via a hyperlink the functional equivalent of an attachment to that email?

Magistrate Judge Katherine H. Parker, in a recent decision out of the Southern District of New York (Nichols v. Noom, Inc., No. 20-CV-3677 (LGS) (KHP) (S.D.N.Y. Mar. 11, 2021)
Continue Reading Just When You Thought You Understood ESI…

Generally, a litigation hold letter* will issue to preserve documents and information potentially relevant to a reasonably anticipated lawsuit. However, when does one’s duty to preserve potentially relevant documents end?  Unfortunately, the answer is not necessarily when the litigation ends.  Indeed, a recent decision out of California reminds us there may be instances when one’s preservation obligations are ongoing, even
Continue Reading When Does My Duty to Preserve End?

My February 17th blog, “Judges Make the Case for TAR” discussed the widespread acceptance by federal courts of technology assisted review (“TAR”), which is acknowledged as cost effective, efficient, and likely superior to the tried and true keyword searching methodology.  Continuing with the theme of TAR, the District Court of New Jersey recently addressed the critical importance of
Continue Reading Cooperation and Collaboration in E-Discovery is Still the TARget