Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

E-Discovery “Nips and Tucks” from Craig Ball

January 6, 2022

Craig Ball’s January 3rd post delighted me. With no apparent effort, Craig masters being succinct and colorful, teaching a LOT in a modest amount of text.

Anyone involved in E-Discovery will want to read the post in full, but here are a few of my favorite snippets:

“Forms from a decade ago are obsolete. Update your preservation letters and legal hold notices.”

“Custodial holds don’t fly. Just telling a client, “don’t delete relevant data” isn’t enough and a misstep oft-cited by courts as attorney malfeasance. Lawyers must guide and supervise clients in the identification, preservation and collection of relevant evidence.”

Your legal hold process should include a defensible notification issued by person(s) with clout. So true Craig!

“Data dies daily; systems automatically purge and overwrite data over time. The law requires parties promptly intercede to prevent loss of potentially relevant information by altering purge settings and otherwise interdicting deletion. Don’t just assume it’s preserved, check to be certain.”

Of course, he cites the need to preserve relevant data in mobile devices and in cloud repositories. Since the beginning of the pandemic, and even before, data in video conferencing apps like Zoom and collaboration tools like Slack were often overlooked.

“Vendors paid by the gigabyte lack incentive to trim data volumes. Clients will thank you to have sound strategies to cull and deduplicate the data that vendors ingest and host. Big savings lie there.”

Truer words were never spoken.

And, my favorite . . .

“There are no more free passes for ignorance. Now, learn it, get help or get out.”

Sharon D. Nelson, Esq., President, Sensei Enterprises, Inc.
3975 University Drive, Suite 225, Fairfax, VA 22030
Email: Phone: 703-359-0700
Digital Forensics/Cybersecurity/Information Technology
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