Data Stored on Photocopiers

Keep in mind that a photocopier contains a hard drive that will store images of documents that have been photocopied, scanned, or faxed. It's important to confirm that copiers used by law firms and businesses encrypt data on these hard drives, so it cannot be accessed without special software. Some copiers can be set to overwrite data after each job, or at set intervals.

Xerox has published a guide that indicates which of its current models has a disk drive; which overwrite data immediately or at intervals; and which encrypts data on the hard drive.

Nearly all of the models with drives, also provide AES data encryption. Many Xerox copiers overwrite images automatically by default. The manual states that Xerox's overwriting process conforms to the National Institute of Standard and Technology's Special Publication 800-88, Guidelines for Media Sanitization. An overwrite process can also be activated that will wipe data on every sector of the hard drive.

A Xerox technician can remove the hard drive from a copier and provide it to a client upon request.

Images are not overwritten on copiers using solid state drives.

Implementing a Litigation Hold in Office 365

Microsoft 365's Core eDiscovery tool allows litigation holds to be placed on Outlook mailboxes; SharePoint; OneDrive; and Teams accounts. You can avoid adding the URL of each OneDrive site, and adding mailboxes one by one, by making use of a PowerShell script posted on the Core eDiscovery reference guide here. For a selected domain, the script can use email addresses to locate mailboxes. Up to 1000 different email addresses can be used.

The script prompts the admin to enter a search query. The hold can be limited to data that meets particular search criteria.

It's necessary to create a text file with a list of email addresses the script will process.

The script generates logs of the locations of mailboxes and OneDrive sites that are on hold and are not on hold.

Colorado Change to Comment 8 on Rule 1.1

The Tip of the Night for June 28, 2020 noted while comment 8 the ABA's Model Rule 1.1 has been adopted by most states, some have changed this provision to the rule, which addresses the need to be knowledgeable about technology relevant to the practice of law.

Colorado altered comment 8 to place a special emphasis on an understanding of electronic communications.

To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, and changes in communications and other relevant technologies, engage in continuing study and education, and comply with all continuing legal education requirements to which the lawyer is subject.

See this document showing changes to the Colorado Rules of Professional Conduct posted on the web site of the Colorado Judicial Branch. The added language is underlined and boldfaced. This modification should be considered in light of the duty to keep client information confidential under Rule 1.6.