Sean O'Shea litigation tips.

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

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Click on the headings for more detail on each tip.

11/1/2021: Hot key for absolute reference
In Excel, if you want to automatically convert a cell reference to an absolute reference (a fixed reference that will remain the same when it’s pulled down or across to other cells) press F4. 

11/2/2021: Electronic Discovery Supply Chain Problems
The worldwide disruption in supply chains is impacting hardware used in electronic discovery. Solid state drives are in short supply for more than one reason. ABF (Ajinomoto Build-up Film) substrate is an insulation material used to protect chips. A Fortune Magazine article posted here, notes that Intel, Nvidia, AMD, and Broadcom all have had trouble getting a sufficient supply of the substrate.

11/3/2021: Hashing Power and Contracts
A hashlet is a cloud-based digital miner which can be purchased.  The owner does not actually acquire hardware, but instead gets a stake in computing power which can be automatically upgraded and easily sold online.

11/4/2021: The CLOUD Act
The Clarifying Lawful Overseas Use of Data Act, the CLOUD Act, amended the Stored Communications Act to remove restrictions on U.S. companies’ responding directly to foreign countries investigating serious crimes.

11/5/2021: Checklist for Litigation Hold Compliance
Don’t use a lot of legal language; if there is no response, escalate the effort to collect data to a custodian’s manager, or the system admin; be sure the hold notice is not misinterpreted as spam or a phishing exploit.

11/6/2021: Hold and Data Preservation Notices
– image a backup of any relevant digital media.
– don’t redeploy hardware which may contain relevant data.

11/7/2021: Windows EFS Encryption
The Pro edition of Windows 10, the EFS (Encrypting File System) system is designed to support file encryption.  You can encrypt any file by right clicking on it, selecting ‘Properties’, on the ‘General’ tab, clicking on ‘Advanced’ and then checking off ‘Encrypt contents to secure data’.

11/8/2021: Key Elements of a Litigation Hold Notice
Specify that the hold be provided to anyone who can assist with its implementation.

11/9/2021: Finding near duplicates in Viewpoint
Elite Discovery’s Viewpoint document review platform can assist with near duplicate detection. It uses a separate document viewer especially to review ‘ND’ similarity.

11/10/2021: Degausser oersted strength
Degaussing erases magnetic storage media by altering magnetic fields. Different drives and tapes will have varying ‘coercivity’. Coercivity is the intensity of the magnetic field required to eliminate the magnetization of the storage device. Different kinds of magnetic media are classified into one of three types based on their oersted count – a unit of magnetic field strength.

11/11/2021: Cyber security warning: BazarBackdoor
Beware of the recent BazarBackdoor exploit.  The malware works by sending an email which contains a link to a PDF file.   The email may reference a customer complaint. 

11/12/2021: When Does a Party Control ESI?
The “Practical Ability” Standard states that a party must produce ESI it can readily obtain.

11/13/2021: Overview of Email in Viewpoint
The analyzer will also create a circular schematic which shows how emails are exchanged between domains and individuals.   Each domain is designated with a color on the outer rim of the circle.  Hovering over the inner rim of the circle will make captions pop up showing a specific email address.   Lines across the center of the circle visualize communications between different domains and users.

Overview of Email in Viewpoint

11/14/2021: The UPC and the admissibility of electronic records
Under the Uniform Photographic Copies of Business and Public Records as Evidence Act, even if an original has been destroyed, an accurate copy can be submitted in court.

11/15/2021: Edge is secretly giving itself a head start
Note that the Edge browser for Windows 10 is set to run some of its core processes in the background so it will open and run more quickly.

11/16/2021: APPI: Japan’s Data protection law
In 2015, Japan passed its Act on the Protection of Personal Information. An initial exemption for businesses which handle the data of less than 5,000 people was repealed in 2017. 

11/17/2021: Term frequency/ inverse document frequency
A calculation for td-idf is done by multiplying (the number of times a word appears in a document divided by the total word count) by (the logarithm [with a base of 10] of (the total document count divided by the number of documents that contain the word)).

11/18/2021: Regex search for 1 or more spaces
If you want to search for one or more spaces using a regular expression search use a forward slash, s, followed by X number of spaces and a comma in curly bracket:

11/19/2021: Opening a 32-bit database in the 64-bit version of MS Access
If you see these lines which begin with ‘Declare Function’, try editing them by adding ‘PtrSafe’ after ‘Declare’.   This will indicate that the database can be run in the 64-bit version of Access.

11/20/2021: XMATCH formula to get a position in an array
this formula:
 . . . will find the value in F2 in the array in column A between rows 2 and 10. 

11/21/2021: Blocks charts in Excel for Office 365

Blocks charts in Excel for Office 365

11/22/2021: Dial visualizations with Relativity analytics
The relative proportion of each cluster will be easier to discern on the dial.   The top level clusters will be arranged along the inner ring.

Dial visualizations with Relativity analytics

11/23/2021: page breaks: #21, FF, \f,
To reference a page break, for form feed, in regular expression enter \f

11/24/2021: What’s a record? – ISO 15489-1
“information created, received, and maintained as evidence and information by an organization or person, in pursuance of legal obligations or in the transaction of business.”

11/25/2021: Whatsapp photos inadvertently saved on iPhone
Check under settings for WhatsApp, and under Chats . . .see if the option for ‘Save to Camera Roll’ is checked off.

11/26/2021: RelOne makes adding a search index easy
On the Analytics tab under the Indexing and Analytics sub tab, select the option to create a new index:
1.Name the index.
2. Select a searchable set.
3. Give the index an order.

11/27/2021: RelOne Modes
In RelOne’s preview panel, a bar will list several modes for which information for the document may have been loaded into a workspace.  If the mode is italicized in black, nothing will have been loaded.  Data will be available for modes whose fonts are displayed in blue.

11/28/2021: Don’t Rename Category Names
When working with categorization in a Relativity workspace, be sure to never change the name of a manually added category after the categorization process has been run.  If this is done, errors may result when the category is used in a search.

11/29/2021: Good examples for categorization
Don’t use duplicate documents for the same category, or base the selection of an example on its metadata.

11/30/2021: What does ‘Lorem ipsum’ mean?
The literal translation of ‘Lorem ipsum’ in Latin is ‘Thank you yourself’. Text which begins with this phrase is actually placeholder text which is used for test purposes in a document review platform or other application.

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

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