Category Archives: Discovery

Electrical banana (reprise)

Slack is a new communications software in use in many companies.  Do your policies deal with the implications of the use and misuse of yet another new technology?  How will you handle this when litigation comes in?

“Tips to Tighten Slack Users’ Skills,” The Wall Street Journal, October 12, 2017 B4.


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Filed under Access, Communications, Compliance, Content, Controls, Corporation, Discovery, Duty, Duty of Care, Employees, Governance, Information, Interconnections, Internal controls, IT, Legal, New Implications, Oversight, Policy, Protect assets, Security

Burned by a phone

Apparently, NCAA rules prohibit coaches from using a burner phone to contact football recruits.  Or lying about it when you do.

“‘Burner Phone’ Accusation Marks New Chapter in Ole Miss Scandal,” The Wall Street Journal, September 20, 2017 A16. Coaches accused and investigated, and asked to sign certifications that they had never used pre-paid phones for recruiting or other work-related purpose.

Is this a question you normally ask your employees, or is this a form you have them sign?  Should you ask for a certification that exiting employees do not have any company information on a non-company asset or location?

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Filed under Access, Board, Compliance, Compliance Verification, Controls, Corporation, Discovery, Duty, Duty of Care, Employees, Governance, Internal controls, IT, Legal, Oversight, Oversight, Policy, Protect assets, Security, Third parties


“Makers Of Opioids Are Asked For Data,” The Wall Street Journal, September 20, 2017 A6.  Subpoenas served on 5 manufacturers, as 41 states investigate marketing and sales of painkillers.

How much will this cost?  Who will pay?  What will we learn?

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Filed under Discovery, Information, Legal, Value

Digging out

I was otherwise engaged last week and missed posting.  Here are some catch-ups.

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Filed under Accuracy, Board, Communications, Compliance, Compliance, Content, Controls, Corporation, Directors, Discovery, Duty, Employees, Governance, Government, Inform market, Inform shareholders, Internal controls, Investor relations, Oversight, Privacy, Protect assets, Protect information assets


Companies begin to move towards the use of quantum mechanics into practical application.

“A Quantum Leap for Computers Looms,” The Wall Street Journal, May 8, 2017 B4.  Huge processing speed increases possible when processing and analyzing huge volumes of data.

You think you have ediscovery problems now, wait until the qubits disappear or mutate (sublimate?) to a different state.

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Filed under Access, Analytics, Data quality, Definition, Discovery, Information, IT, Legal

Scylla & Charibdis

Does it matter whether information is stored in the US or overseas, if the same person controls the storage?

“Google and U.S. Fight Over Data,” The Wall Street Journal, April 4, 2017 B4.  Google no longer captures information stored overseas in response to US warrants.  Google isn’t alone.  The government says Google is impeding investigations.  Google calls for an investigation of the government’s conduct, which ignores a US Court of Appeals decision that says information on foreign servers is beyond US jurisdiction.

Where are you going to store your data? In the US, subject to government warrants, or overseas, where different privacy protections apply?  You’re between a rock and a hard place.  The Federal Rules of Civil Procedure provide yet another standard, which is not necessarily limited to the US.


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Filed under Access, Controls, Corporation, Discovery, Duty, Government, Internal controls, Legal

Is a phone ESI or a tangible thing?

The discovery rules for discovery in litigation in the US Federal courts changed recently, drawing a distinction between electronically stored information and everything else.  If it’s ESI, then it is more difficult to get sanctions for destroying evidence.

“FTC Claims VW Mobile Phones Missing,” The Wall Street Journal, December 10, 2016 B3.  Twenty-three mobile phones assigned to people important to the investigation emissions scandal have been lost or wiped.

For those phones that were lost (as opposed to those that were wiped), what rules on sanctions apply?  The ones applicable to ESI, or the ones applicable to tangible things?  Or since it’s obstruction of justice, it just doesn’t matter?  See 18 USC § 1519.

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Filed under Access, Board, Compliance, Compliance, Controls, Corporation, Discovery, Duty, Employees, Governance, Information, Internal controls, Legal, Protect assets, Protect information assets, Value