Revealing Electronic Tags to Our Daily Lives
POSTED ON February 07

“Right, my phone. When these things first appeared, they were so cool. Only when it was too late did people realize they are as cool as electronic tags on remand prisoners.” David Mitchell, Ghostwritten

I admit that I am not an early adopter of technology.  I have never stood in line for a new mobile device and, frankly, I hold onto my devices unless they pose a security risk.  I’ve bought a new device when shamed into it – e.g.  “Hey haven’t seen that model in a while. My grandma uses one of those.”  (I bought a new device the next day.)

I am not sure exactly why I delay, given that this technology has become such a relevant part of modern life. I do believe constant upgrades and model introductions are part of grand scheme of planned obsolesce.  Come on, we all know that.  But, perhaps, that topic (aka rant) is probably best left for another blog article.

Today, I’d like to talk not about that shiny, slick technology package, but rather the data that little device stores about its user.


Mistakes Happen: It’s all About Prevention and Fixes
POSTED ON October 23

I hate mistakes. They seem to occur in all facets of our personal and professional lives. Mistakes jump out at us when people have trouble making change, drive carelessly through town, or send us error-laden text messages. Mistakes occur in every industry—even eDiscovery. And, the consequence for some mistakes in eDiscovery can go well beyond frustration into the realm of sanctions.

In Mistakes Happen, our upcoming Shepherd Speaks’ Continuing Legal Education Seminar, I will talk about ways to minimize the chances for mistakes and, if necessary, handle the “fix”. I will give you a guided tour of the eDiscovery mistake landscape including:


Reducing eDiscovery Costs: Early Case Assessment (ECA) and Relativity 9.4 Enhancements
POSTED ON September 09

Who doesn’t want to reduce eDiscovery costs?  We don’t know anyone. Because that desire is so broad-based, we are doubly excited by our next Shepherd Speaks topic.  Let me explain a bit about the presentation. We have all heard the phrase “a picture is worth a thousand words.”  Visuals summarize, but they also move one to conclusions more quickly. That is not surprising given that visuals and graphics are processed 60,000 times faster by the brain than text.

Since volume of words and the need for speed are legal/eDiscovery professionals’ stock in trade, technology advances that help us manage both and reduce costs send our spirits soaring. Our next Shepherd Speaks will focus on a core of such advances — including visualization tools — particularly in the Early Case Assessment arena.  These tools, among other things,


Kelly Twigger in Minneapolis—Speaking on Internet of Things and Effective Litigation Teams
POSTED ON August 02

For years, we’ve talked with our Colorado-based colleague, Kelly Twigger, about the changes facing the eDiscovery practitioner. Our chats have always gone beyond itemizing changes into their impact on the practice of law and eDiscovery. You hear me speak regularly about these topics, but I’d like you to listen at the keyhole to hear what Kelly has to say.  So, we are bringing her to town for two events that will explore different aspects of eDiscovery issues and their impact on our profession.

On August 10th at 3:00 at Shepherd Speaks, Kelly will join us and in “REBOOT! Creating a More Efficient and Effective eDiscovery Team”, she will delve into litigation team approaches that


Money and Bring Your Own Cloud
POSTED ON July 18

Our last few blogs focused on Bring Your Own Cloud (BYOC) caselaw.  Specifically, we discussed rulings in cases in which employees moved corporate data to personal clouds.  In the last month we saw the result of a regulatory agency, the Securities and Exchange Commission (SEC) elevating  cybersecurity to an enforcement priority.   In the SEC’s first significant cybersecurity enforcement action in the last five years, Morgan Stanley Smith Barney LLC received a $1 million lesson in BYOC.  The Commission imposed a $1 million fine on Morgan Stanley for various cybersecurity deficiencies including an employee moving personal customer information to his personal cloud.  Morgan Stanley did