Can efforts to avoid charges of spoliation of evidence involve violation of privacy norms?

Evidence

Data storage has become very inexpensive. Finding information among masses of data is steadily becoming more manageable – one can turn loose the power of Google or other search engines on one’s own business data. One can use various forms of predictive coding to sort files for particular topics or for degrees of sensitivity: what’s relevant, what’s privileged, and so on.

On the other hand, it can be dangerous not to keep data. The rules of evidence have always included sanctions against spoliation. In days . . . [more]

On 26 August 1996, Business Week asked: “What’s Wrong With The Internet”? One criticism was that “Good Stuff Is Hard To Find”. Their suggested solution was: “Artificial intelligence will make search engines more discerning.”

One year later along came Google. It found the stuff you were looking for, without scaring you off with talk of artificial intelligence. Google helped more of us join the information revolution.

Meanwhile, today we should be on the road to driving nirvana via real automobiles. A problem for too many is that the “driverless car” is as scary as the “horseless carriage” would have been . . . [more]

The latest Windows operating system has started rolling out. Unsurprisingly, reactions to its new update method and privacy functions are mixed. If you were on Windows 7 like most lawyers, it will be an easy upgrade and – despite the negative early chatter – worth taking advantage of the free upgrade.

The Upgrade and Updates

If you have any version of Windows other than Enterprise or Windows RT, you can get the new operating system free. You may have been invited to register for a copy, in which case you’ll get a notification e-mail. You can also just grab . . . [more]

Let’s face it – whether you are talking about securing your data or describing the functions of legal IT products, the average lawyer audience may regard your presentation as useful, but hardly as “sexy.” Since we have been successfully lecturing on multiple topics for 18 years now, we have amassed a number of tips for making our presentations entertaining as well as educational. A friend suggested we share what we have learned. Here our twelve of our best tips:

1. Be a storyteller. Cold hard facts have very little allure. But everyone likes a good story. When we lecture on cybersecurity,

An interesting thought to take away from the 2015 Sinch Online Legal Services Conference, was the drive to action ideas, prototypes and business models, rather than just leave them to bloom in good time. This was reflected in the intensity of the discussions among attendees and speakers. The potential for “spot fires” of transformative thinking to come together and impact legal niches, seems imminent. The planets may be aligning for some major legal industry events, with big dollars at stake, according to some speakers.

Richard Granat spoke about “Law For the Rest of Us” as 80% of US citizens cannot . . . [more]

Weak passwords are out. Strong passwords are in but may not be enough to protect you. When you use dual or two factor authentication, you add a hurdle to those attempting to get unauthorized access to your law practice information. It doesn’t involve your finger or your face, which are password replacements and not necessarily better. Instead, you supplement your username and password with a one-time code.

You already use two factor authentication in other parts of your life. Probably the most common is the PIN and cash card. You have to have both the card, inserted in . . . [more]

Petitions are an ancient method for people to tell their government (king or Parliament) what they want, and what they don’t want. ‘The relief of grievances’ is a big part of their appeal over the years. Petitions are a way of being heard, if not quite a day in court.

The traditional petition was a list of names and addresses subscribed to the text of the demand or complaint, generally with each person’s signature. The signature gave some assurance that the names represented real people, so the number of names might indicate real support for the message.

It takes work . . . [more]

We all covet the latest and greatest of technology, not to mention possessing the fastest computer. One way to increase the speed of your computer is to use a solid state drive (SSD) instead of a mechanical one. Essentially, SSDs are flash memory devices that appear as a hard disk to the computer. It is very fast to write and read from memory as opposed to accessing data from the rotating platters of a mechanical disk drive. Solid state drives are three to four times faster than their mechanical counterparts when writing or reading large files. Sound good? Then you’ll . . . [more]

In my previous posting, Automation in the Legal Market, I discussed the issue of automation vs. augmentation, where I touched upon the issue of the potential changes that might flow from the entry of IBM Watson into the legal sphere with the ROSS search engine. While the issue of automation is one that has been discussed from time to time over the last few years, there has been an explosion of articles in the last while that have addressed the automation and artificial intelligence (AI) robots, either directly or tangentially.

On LinkedIn, Patrick DiDomenico published a posting entitled . . . [more]

The Internet of Things involves the connection of many things to the Internet that did not use to be networked. The numbers of such interconnected things is growing rapidly; the estimates vary greatly but are always counted in the billions over the next few years. The interconnection allows those things to communicate with the world, and vice versa. We have considered some of the legal issues raised by such communications, whether with the ‘world’ intended by the designer of the interconnection or with someone with unforeseen capacity or intention.

This column focuses on one communication: an ‘off’ switch, used by . . . [more]

Ten years ago Marc Lauritsen spoke at one of our conferences on the future of law. He projected ahead to 2015, and threw in a prediction as to who would be the US President. While the name was unknown to the Australian audience, the absurdity of his suggestion was highlighted by a supporting photo. Yes, the world was changing, but not THAT much, that soon.

Anything that Marc says has my instant attention. His development of choice boxing is a concept that definitely warrants serious exploration. This is a pioneering decision-support tool that results from 30 years of insight. Marc . . . [more]

Lawyers need to find information, the faster the better. As the years go by, your electronic files expand and your ability to retrieve information quickly can suffer. I’ve already looked at desktop search by itself and want to look at search that incorporates your e-mail this time around. A search tool that digs into your inbox and, potentially, everything else on your computer, can eliminate the need to repeat searches in more than one place.

Search Your Email

All of the e-mail clients I’ve used have included search. Most, like Microsoft’s Outlook or Mozilla’s Thunderbird, will search your local . . . [more]