Posts Tagged ‘Records Management’

Records Spoliation: A Real World Example From Today’s Headlines

Tuesday, February 27th, 2018

This morning, LegalTech News ran a timely story on the case between Central European News and Buzzfeed over allegations of fake news. (Leidig v. Buzzfeed) Fake news is news these days, but what got our attention was discussion of the shifts from the court in the willingness to tolerate improper records retention, that resulted in spoliation, incomplete production, and the assertions from the bench that attempting to hide (or distract) the ball when it comes to E-Discovery is an outmoded strategy that needs to end.

In particular, we noted a couple of key points in the article that surface in some of our technical conversations about our retention solutions.

  1. No special effort was made to preserve document concerning the Buzzfeed piece. ”Plaintiff “was instructed by counsel to preserve evidence only evidence only after the lawsuit was filed.”

With the increased ease of communications retention, the argument that it is too expensive or not a high enough priority is one we commonly see. The Information Security and Compliance staff often are proactive in trying to address retention but are often shut down by others in the organization who do not yet see the need. Often the conversation changes radically once a team has had to go through a production effort, at which point data may no longer even exist. Most organizations can expect legal action as a course of business. Judges are signaling that a lack of retention is not an acceptable practice.

  1. Metadata was inadvertently modified and deleted when the plaintiff attempted to manually move files to a production repository.

What happened here was spoliation: data was moved from one location to another in such a way that the metadata was modified or even removed. Here’s a real-world impact of what can happen when a technical decision to treat data in a more casual unstructured manner has repercussions to the bottom line. Often people look at our retention solutions; and then try to go and make low cost workarounds that involve pushing or copying data from one system to another without understanding the impact to not only the record, but the impact when challenged in court. We see it time and again, and we’ve yet to see a long term successful outcome when attempting to short-cut proper retention protocols.

However, technology is just part of the issue. In a recent judges’ report cited in this article, “30 active federal judges said the problem with e-discovery for most attorneys isn’t process or technology, it’s an overly adversarial mindset. When asked how attorneys could best improve e-discovery practices, the No. 1 response given was “cooperating with opposing counsel.”

Legal counsel likely fears what exists in their data, or the effort to review and produce. In reality, proactive retention with technology like our Communications Archiving Suite can help organizations respond faster at lower cost because data can be found, and put into context while maintaining good records retention hygiene.

We agree. ” It’s not personal, it’s E-Discovery.”

Federal Judges Weigh in on Technology: “Be Prepared, We Expect More”

Monday, May 16th, 2016

 

Innovation, particularly with technology, can be exciting – even sexy. However, with any advancement, comes the need to embrace change.  That is where the promise of innovation can get derailed: most of us hate change.

The legal profession has advanced its use of technology in many sectors, such as with the implementation of sophisticated systems for billing and management of client records. Yet using technology proactively during litigation or trials has noticeably lagged. Up until now, attorneys were expected to have expertise in their area of law, but not in the application of technology to their case’s preparation and presentation.

It appears that is about to change.

At the recent LegalTech Conference in New York City, a panel of five U.S. Magistrate Judges, including the Honorable James Francis, Andrew Peck and Lorenzo Garcia delivered their views on the use of technology in preparation for, and during, legal proceedings.  Their session, “How Is Technology Used in Today’s Courtrooms and Cases,” made it clear that judges are expecting attorneys to embrace technology in the courtroom.

“We’re seeing technology a lot less than we would expect.”
– The Honorable James Francis

This new expectation certainly caught our attention, given that Donoma Software creates software designed to help retain and manage communication records, such as voicemails, instant messages and two-way phone call recordings.

In the past, we’ve received interest from organizations exploring their need to manage records and risk, only to be told by their legal teams that retention of these records is unnecessary. This is despite the revised Federal Rules of Civil Procedure that specifically invoke them; and recent legal precedent that penalized failure to retain such records.  [Zubulake v. UBS Warburg]

The reality is, until the legal profession advises their clients that the need is real, this gap in records retention policy will persist, to many organizations’ detriment.

Now, influential federal judges are weighing in: leveraging, understanding and retaining new streams of communication is expected.  The claim that managing electronic communication records is too “expensive” or “complex” is less convincing as technology has become more accessible.

“We find a lot of reluctance to move on to new technology because it’s different, and it’s hard … You’re going to find those recalcitrant parties who say, ‘I’m going to stick with my quill pen and ink,” said the Honorable Lorenzo Garcia.

“There’s just too much data to try and do it the old fashioned way,”
– The Honorable Andrew Peck.

Overall, the judges on the panel all agree that the court must be cognizant of existing technologies that, if used properly, would efficiently expedite the legal process and potentially reduce the cost of the e-discovery.

While the LegalTech panel is only one data point, taking the speakers’ credentials into consideration, it is clear that there is a growing expectation for today’s legal professionals: embrace innovation, leverage the technology that exists, and stay informed of the rapidly evolving options to use technology to expedite the discovery, pre-trial, trial, and litigation processes. While this change may not happen overnight, with increasing pro-technology attitudes coming from the bench, we expect to see more more legal professionals not only adapting – but leveraging the benefits technology can bring to the process.

To learn more about Donoma Software and its suite of communications records management solutions, visit www.donomasoftware.com .

Ashley M. Stant contributed to this article.  Image credit: Gilles Lambert gilleslambert.be/photography

StoneScribe 3.2.4 Now Available

Tuesday, April 12th, 2016

Donoma StoneScribe provides easy, flexible Jabber chat records archiving & compliance.  It enables secure, accountable policy-driven record retention of Cisco Jabber chat threads,along with the ability to search, filter, restore and report on those message records.

Today we are announcing our latest release: StoneScribe 3.2.4.

This release adds  support for Cisco Unified Communication Manager 11 and Cisco IM & Presence 11 to keep our interoperability commitments.  Additionally, records administrators can now work with an even larger set of records at one time.

If you are an existing StoneScribe client, you can request your maintenance update anytime by contacting our Support team at: support@donomasoftware.com.

Ready to learn more? 

Contact your local Cisco reseller or contact us for more information or to schedule a solution demo for your organization.

 

Message Vault’s Latest Release Adds Expanded Fault Tolerance & Security Options

Monday, December 21st, 2015

Donoma Message Vault provides easy, flexible voicemail archiving for the Cisco phone platform.  It enables secure, accountable policy-driven record retention of voicemail,along with the ability to search, filter, restore and report on those message records.

Today we are announcing our latest release: Message Vault 3.2.07.

This release adds  support for Cisco Unity Connection Clustering & Failover to ensure our enterprise implementations have a full range of configuration options for their enterprise voice platforms.

Additionally, we have added support for TLS encryption for those who prefer that as an alternative to SSL.

If you are an existing Message Vault client, you can request your maintenance update anytime by contacting our Support team at: support@donomasoftware.com.

Ready to learn more? 

Contact your local Cisco reseller or contact us for more information or to schedule a solution demo for your organization.

 

MediaScribe’s Latest Release Brings New Features

Monday, December 14th, 2015

MediaScribe provides secure, policy-driven archiving & records management of Cisco MediaSense call recordings.

Our 10.0.3 latest release brings several key features that enhances MediaSense implementations with additional records management benefits.  These include:

  • Support for 2 way video call recordings. Now you can retain audio and video recordings and replay them seamlessly.
  • New licensing model based on concurrent sessions. License just by the number of simultaneous sessions needed.
  • Support for multiple sequential storage locations gives great flexibility for mapping additional storage locations.
  • Even larger storage volume support available now with available support of VMWare vSphere ESX 5.5.

Ready to learn more? 

Contact your local Cisco reseller or contact us for more information or to schedule a solution demo for your organization.