Lumix

By Now Discovery

A few weeks ago New Zealand’s stock exchange was forced to close for four days due to a concerted cyber attack. Cyber attackers target law firms as well. Remember the ‘Panama Papers’ incident from a few years back? In that case, tens of thousands of confidential and privileged documents located in a now discredited and wound up law firm were released, partly due to software that had not had necessary updates in several years. …
If you rely on your children/teenagers for household tech support, then it probably will not surprise you to learn that the criminal mastermind behind the recent high-profile hack of Twitter V.I.P. accounts is a teenager. While most adults struggle with many aspects of today’s digital world, our children grow up completely immersed in it and by age 10 can pretty much get a smart phone to do anything up to toasting bread. Thus, it should…
With over 15 years in the ediscovery game, I find one thing remains constant: not a day goes by that I don’t have at least one person ask, “Why is ediscovery so expensive?” As someone who has held leadership roles with several different ediscovery providers, I hate to say it, but I get why costs are high.  eDiscovery platforms rely on experts. Experts come with expensive certifications and training. The platforms require large infrastructure investments,…
The universe of electronically stored information (ESI) is expanding like, well, the Universe. This presents a challenge to legal firms, companies, and ediscovery practitioners with respect to ESI management and preservation. Just consider the breadth of ESI that needs to be considered in a law firm’s preservation letter demand. While a preservation demand of the 1990s might have included computer hard drives, floppy discs, telephone answering machine messages, and emails, the gamut of today’s ESI…
While the Worldwide COVID-19 pandemic has certainly put a damper on U.S. economic activity, some folks in the legal profession are going to profit from it. After all, litigators gotta litigate and the viral contagion has opened up numerous avenues upon which to lodge a legal complaint in search of recompense. In fact, as of July 30, 3,901 COVDI-19-related lawsuits have been filed in state and federal courts. Not only do up to 3,901 litigating…
Last year at the Harvard Legal Technology Symposium, renowned ediscovery expert David Horrigan recounted a slightly disturbing discovery tale. Back in the good ‘ol paper-based discovery days, boxes of documents arrived for discovery with the assigned associates and paralegals eager to delve in. Unfortunately, the boxes were filled with venomous brown recluse spiders, meaning several staff ended up being carried off on stretchers.  While there may be little risk of literal bugs impacting discovery…
While cloud technology is a godsend to consumers everywhere, cloud technology can significantly complicate the process of ediscovery. Because a party to litigation is no longer in sole custody and control of their data, they may be unaware of where in the world their data is located, how to access it, or even who to ask for access. eDiscovery in the cloud can feel like searching for needles in haystacks when the haystacks are half…
China’s ‘Belt-and-Road Initiative’ is a comprehensive infrastructure plan of the Chinese Government, designed to shore up its international trading routes. While developing that plan, China has also constructed the Civil Code of the People’s Republic of China (‘Civil Code’) to consolidate its disparate civil law in a comprehensive code for the first time: An ‘electronic belt-and-road’, if you will.  This new law is the most extensive single piece of  law in modern Chinese history, consisting…
One of the major questions with the European Union’s General Data Protection Regulation (‘GDPR’) was always going to be how it would deal with cross-border data transfers: Transferring personal data from the EU to other countries. A decision last month from Europe’s highest court, the Grand Chamber of the European Court of Justice, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (known colloquially as ‘Schrems II’), has ripped up the EU-US Privacy Shield: This…
If you were, or are, an ediscovery practitioner involved with legal issues, you likely ponder about ediscovery implications of particular cases. For example, how about any ediscovery implications involved with United States v. A&L Mayer Associates, Inc. (Cr. 96-232)? Talk about some scintillating ediscovery reading! Sure thing, if you’re interested in Tampico fiber (whatever the heck that is) and/or efforts to fix prices of Tampico fiber imported for sale into the U.S. Anyway, that…