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Sean O’Shea: Tips for Paralegals and Litigation Support Professionals – May 2021

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5/1/2021: Things to Keep In Mind When Notarizing a Will in New York State
A notarized will will be self-proving. The court will not have to contact the witnesses in order to confirm the validity of the will.

5/2/2021: Other Languages in Relativity
Documents which Relativity identifies as ‘other’ may consist entirely of numbers; graphics; lists of names; a language other than the three most common in the set identified by Relativity; or a language other than one of the 173 that Relativity can identify.

5/3/2021: English always needed for threading analysis
Email container files (.pst, or .nsf archive files) don’t usually contain email header file names (from; to; cc; bcc; subject). Processing software will assign the header field names, and often use English terms by default regardless of the content of the messages. So even if you have emails in one or more foreign languages, threading analytics tools should always have English as one of the selected languages.

5/4/2021: Optimizing a training set
Optimizing a training set will remove documents which are too long or short to serve as good examples.

5/5/2021: The Federal Courts’ Guide to the Taxation of Costs
Demonstratives and court appointed experts can be taxed.

5/6/2021: Remove compound constructions
Use ‘often’ instead of ‘in many instances’; ‘because’ instead of ‘due to the fact that’.

5/7/2021: Very Hidden Excel Worksheets
In Visual Basic, if you go to View . . . Properties Window you will bring up options for each of the worksheets shown in the project list to the left. There is a drop down menu for the Visible field, where you can select the ‘Very Hidden’ option.  From Excel, a user will not have the option to unhide the worksheet.

5/8/2021: Textual Near Duplicate Anomaly
Note that in Relativity it’s possible to find a document with a count of only one in the results after running the tally mass operation on the textual near duplicate group field. The reason why is that during an incremental population for the structural analytics set, a new document may have been added that is a near duplicate of, but larger than a previously loaded document. In this case the new document will be marked as the principal document, and the original that it is a near duplicate of will be orphaned.

5/9/2021: D. Mass.: Discovery Probing State of Mind Allowed in Breach of Contract Case for Healthcare SaaS
“Sharp is entitled to probe HealthEdge’s state of mind in connection with the allegedly fraudulent representations contained in its response to the RFP, and it is possible that documents and communications not involving or directly concerning Sharp may be relevant to that issue.”  Healthedge Software v. Sharp Health Plan, 2021 U.S. Dist. LEXIS 88061, at *9 (D. Mass. May 6, 2021)

5/10/2021: The Six Metrics for a CVSS Score
NIST’s Common Vulnerability Scoring System evaluates access; access complexity; authentication; confidentiality; integrity; and availability (how system performance is impacted) to generate a score from 0 to 10.

5/11/2021: CVSS Score Calculator
A temporal score can also be generated (which uses the base score as an input) and is based on whether or not a functional code has been developed for an exploit and has been distributed; whether or not a patch has been developed to remediate the attack; and whether or not the cause of the attack is known.

5/12/2021: Wi-Fi Security: Switch to WPA3
The WPA3 (Wi-Fi Protected Access 3) standard, released in 2018, allows for a more secure form of key exchange.   Windows 7 will not support WPA3, which is another good reason to install Windows 10 which does.   The Wi-Fi router you are using must also support WPA3.

5/13/2021: netsh command to verify PC supports WPA3
Use the Windows command: netsh wlan show drivers to confirm that your PC supports the WPA3 security standard.

5/14/2021: High Court of Ireland Lets Inquiry Into Facebook EU Data Transfers Proceed
21 days was deemed to be a sufficient time period in which for Facebook to make a submission for a Data Protection Commission inquiry.

5/15/2021: Michigan Court of Appeals: No Spoliation For IT Department’s Destruction of Defendant’s Laptop
The Court also rejected the Defendants’ cross-appeal which asserted that its award of costs should not have been reduced by the cost to Gen-Wealth of litigating the spoliation issue.  The Defendants were aware of their need to preserve electronic data, and the Court faulted them for not preventing the IT department from destroying the original laptop. 

5/16/2021: BIOS and CMOS
A BIOS password can be set to add an extra security feature for a PC.  If a CMOS battery is removed, this password will also be removed along with all of the CMOS data.

5/17/2021: Host Protected Areas
Note that many drives will contain a host protected area, which will not be displayed in the file explorer for an operating system. The MAX ADDRESS of a drive can be set so less than the full size of a drive is shown.

5/18/2021: Finding Edits to SLACK Messages in JSON Files
A SLACK message can be edited, but the exported JSON file will indicate that the edit took place.

5/19/2021: Damages under the CCPA
Under the California Consumer Privacy Act, companies can be required to pay in a private suit either the greater of between $100 and $750 per consumer and per incident, or the actual damages sustained by a victim of the data breach.

5/20/2021: IDFAs
iPhones use an Identifier for Advertisers (IDFA), to track user activity on apps and websites used and visited on the device.  This allows companies to send targeted advertising to you. 

5/21/2021: NoSQL
NoSQL databases offer these advantages:

  1.  They can guarantee the availability of data at all times, and provide realtime feedback.
  2.  They can handle both structured and unstructured data.
  3.  They can connect legacy systems with newer systems.
  4.  They can easily scale horizontally by connecting to additional servers.

5/22/2021: Legislation on PII in the 80s: The Cable Communications Policy Act of 1984
The CCPA allows subscribers to bring civil actions in federal courts for damages of $100 for each day a violation exists or for $1000, whichever is higher. 

5/23/2021: WhatsApp Data Processing Halted Under the GDPR
The order will be in effect for three months while the Commissioner requests that the European Data Protection Board issue a final decision.   Article 66 of the GDPR allows a supervisory authority to immediately adopt provisional measures when there is an urgent need to act.  These measures can only last for three months. 

5/24/2021: PowerPoint in the Background on Zoom
Don’t miss that an advanced share screen setting will allow you to have an active Powerpoint presentation displayed in the background, while your webcam image is still shown to an audience.

5/25/2021: No Default Mail Client for .msg files
An error message will result if you try to view .msg files in Windows Explorer’s preview mode and you have the 32 bit version of Outlook installed on the 64 bit version of Windows.

5/26/2021: Trello – the new collaborative project management application
The Trello software is designed to keep track of projects in various stages of progress, or categorize them by type, in a Kanban format.

5/27/2021: Landspeed Violations
When inquiring about the security measures for a document repository, ask whether or not the admin will monitor user activity for landspeed violation logins. These occur when a user accesses his or her account from two different locations within a time period in which it is not possible for the user to have travelled from one location to the other.

5/28/2021 Excel Camera Tool
Excel has a camera tool that you can activate by going to File . . . Options . . . Customize Ribbon.

5/29/2021: The FTC’s Guide to HSR Second Request Productions
A FTC representative must authorize the use of de-duplication and email threading software.

5/30/2021: SaaS Security
Use Cloud Access Security Brokers (CASB) to audit the cloud services used on a network.

5/31/2021: How Cloud SaaS Applications Deal with Personal Data
In Trello, default data is collected even though Atlassian has processes in place which anonymize it.  An admin can prevent the collection of data.

Learn more about ACEDS e-discovery training and certification, and subscribe to the ACEDS blog for weekly updates.

Sean O'Shea on Email
Sean O'Shea
Litigation Paralegal
Sean O’Shea began working as a litigation support analyst at Brobeck, Phleger & Harrison LLP in 1998, near the dawn of the electronic discovery era. From assisting clients with the implementation of information governance policies, to conducting electronic presentations for attorneys at trials, he has been involved in all aspects of litigation support work. Sean is a Relativity Certified Administrator and an ACEDS Certified E-Discovery Specialist. He’s currently employed as a litigation paralegal in New York City, and continues to advise attorneys on legal technology. Look for a new tip on each night on www.litigationsupporttipofthenight.com.

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