ESI

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As we continue to conduct business virtually, non-traditional means of document execution are becoming increasingly popular. It is critical, however, to understand the laws and requirements associated with these non-traditional means so that a document that is electronically signed, or remotely notarized enjoys the same legal validity and effect as if signed, or attested to in person.

In New York,…
Continue Reading The Rise of Electronic Signatures and Remote Notarizations Amid COVID-19 Pandemic

A recent federal district court decision, Lawson et al. v Love’s Travel Stops & Country Stores, Inc., US Dist Ct, MD Pa, 1:17-CV-1266, Carlson, J., 2019, reminds litigants of the need to tailor discovery requests for electronically stored information (“ESI”).

Before the Court was plaintiffs’ motion to compel defendants’ production of “all” text messages on approximately 100 company-owned…
Continue Reading Federal Court Denies Request for Wholesale Disclosure of Text Messages

With much of the American workforce (and educational systems) working remotely, reliance upon videoconferencing software for workplace and educational collaboration has increased significantly. One of the more widely embraced platforms during the pandemic is Zoom Video Communications, Inc. (“Zoom”). According to the New York Times, around 600,000 people downloaded the Zoom application on March 15, 2020. And, for anyone…
Continue Reading Opportunist Hackers “Zoom-Bombing” and Infiltrating Videoconferences Amid Coronavirus Pandemic

As the coronavirus (“COVID-19”) causes countless companies and employers to implement remote working environments, millions of Americans will be working from home.  It is, therefore, critically important to remain vigilant about cybersecurity best practices.

As observed in recent news alerts, cybersecurity threats, perpetuated by opportunistic cyber-criminals preying on a vulnerable virtual workforce, are on the rise.   In fact, hackers around…
Continue Reading Cyber Threats on the Rise During COVID-19 Pandemic

Have you ever been involved in a meet and confer regarding electronically stored information and felt your adversary was speaking a foreign language?  Is active machine learning an unfamiliar concept to you?  Is BYOD an acronym for who-knows-what?

If you answered yes to any of the above, or if you lack fluency in the language of e-discovery and digital information…
Continue Reading The Foreign Language of E-Discovery

With the ever evolving cyber threats, it is important to we understand our social media accounts and the way in which they make us vulnerable.

Social media (i.e., Facebook, Instagram, WhatsApp, Snapchat…) is free to members because the companies make money by selling targeted advertisements to their users.  Ever wonder why, after “liking” a particular pair of shoes that advertisements…
Continue Reading Phishing Risks Associated with Social Media

Cybersecurity remains a real concern for businesses and individuals alike.  We are reminded of this by a recent Department of Homeland Security (“DHS”) warning wherein the DHS indicates there will likely be an increase in cyber threats due to heightened tensions with Iran.  In addition to advising that we should be prepared for increased phishing attacks, the DHS also recommended…
Continue Reading The Department of Homeland Security Reminds us of the Importance of Cybersecurity

Yikes!  No practitioner wants to be on the receiving end of a decision that starts with the title of this post.  And yet, that’s precisely how Magistrate Judge Bloom started her decision in Abbott Laboratories v. Adelphia Supply USA (15 cv 5826 [CBA] [LB]), ECF No. 1545 .  Abbott serves as an important reminder to practitioners that we need to…
Continue Reading A Cautionary Tale About How Not to Conduct Discovery in Federal Court

Data destruction is the process of removing information in a way that renders it unreadable (paper) or irretrievable (digital data). And, while it is critically important for companies to manage data in a way that is effective, defensible, and efficient, people/companies are often hesitant to dispose of data.  The cause of the hesitance is varied:  why get rid of our…
Continue Reading Defensible Data Destruction is a Must

In my search for ESI-centric information that would pique my readers’ interest, I came across an interesting article/blog about digital privacy written by Thorin Klosowski, in which he details seven (i.e., one per day) simple ways to secure your digital life.*  Because I found the plan easy to implement and steeped in wisdom, I decided to share Klowoski’s recommendations.  While…
Continue Reading Seven Simple (Cyber) Security Suggestions for September