A few weeks after commenting on Facebook's latest big lawsuit and the email evidence involved, I mentioned how a product like Rypple, may effect a company's data retention practices (link to post). Now that Facebook has announced they are using Rypple, I cannot help but wonder how future discovery requests in a lawsuit may have to differentiate between a "Like" designation and a "Thumbs Up" or, a Smiley Face? You can just imagine a cross-examination in court: "Isn't it true Mr. Boss, on this project you gave the former Disgruntled Employee, not one, but TWO Smiley Faces and a Thumbs Up!!!" "Let's bring up the digital display so the jury can see the Smiley Faces." Will the evidence of Smiley Faces be in native or some other format? Do we care? We should, and here's why. June 22, 2011
Facebook is now totally Ryppled! And, what that may mean for future eDiscovery
Copyright 2011 Cary J. Calderone
A few weeks after commenting on Facebook's latest big lawsuit and the email evidence involved, I mentioned how a product like Rypple, may effect a company's data retention practices (link to post). Now that Facebook has announced they are using Rypple, I cannot help but wonder how future discovery requests in a lawsuit may have to differentiate between a "Like" designation and a "Thumbs Up" or, a Smiley Face? You can just imagine a cross-examination in court: "Isn't it true Mr. Boss, on this project you gave the former Disgruntled Employee, not one, but TWO Smiley Faces and a Thumbs Up!!!" "Let's bring up the digital display so the jury can see the Smiley Faces." Will the evidence of Smiley Faces be in native or some other format? Do we care? We should, and here's why.
A few weeks after commenting on Facebook's latest big lawsuit and the email evidence involved, I mentioned how a product like Rypple, may effect a company's data retention practices (link to post). Now that Facebook has announced they are using Rypple, I cannot help but wonder how future discovery requests in a lawsuit may have to differentiate between a "Like" designation and a "Thumbs Up" or, a Smiley Face? You can just imagine a cross-examination in court: "Isn't it true Mr. Boss, on this project you gave the former Disgruntled Employee, not one, but TWO Smiley Faces and a Thumbs Up!!!" "Let's bring up the digital display so the jury can see the Smiley Faces." Will the evidence of Smiley Faces be in native or some other format? Do we care? We should, and here's why. 
June 17, 2011
The ROI of eDiscovery? Why not just calculate the ROI of a good night's sleep
I have seen so many articles that attempt to sell the purchase of large eDiscovery tools with a Return On Investment analysis. The resulting magic formula always shows just how much money a customer can save in an average legal matter. And yet the ROI cannot be very compelling. With the exception of one General Counsel of an international enterprise software provider (kudos Kim), I have never been hired by a company that had not already been “tagged” in a litigation matter for big bucks. And, by tagged, I mean that they were sanctioned for discovery failures or, they realized they could not collect their data to mount a defense and had to settle the case. So, my argument is, it may be more effective and productive to calculate the ROI of a good night's sleep. Let me explain.
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