Sony's Sharpie Redaction Gaffe Underscores Common E-Discovery Gaps: The Morning Minute
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July 06, 2023 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
BLACK MARK - Sharpie markers are good for a lot of things: drawing fake mustaches, putting your initials on water bottle caps, etc. What they're not quite as good for is redacting sensitive financial information. As part of the FTC v. Microsoft lawsuit, tech giant Sony had to produce several documents, one of which was a report—with confidential financial details redacted—sent by PlayStation chief Jim Ryan. But the redactions were made in black Sharpie instead of using redaction tape, or redaction software, a more common method. The problem: When one scans a document, the Sharpie ink can occasionally lighten, making some redactions visible on the electronic document. Not great—but not all that uncommon either. As Law.com's Isha Marathe reports, for e-discovery professionals, the entire situation came as less of a shock and more of a clarion call for better redaction practices.
MORE MERGERS - Law firm mergers remain on the rise and are due for "an acceleration" as the year continues, according to a new report. However, the number of combinations during the first half of 2023 is still below average, and negotiations over potential unions could become more volatile as they involve larger firms, analysts wrote. As Law.com's Andrew Maloney reports, Fairfax Associates tallied 11 completed mergers during the second quarter and 28 total during the first half of 2023—more than the same period during 2021 and 2022. "As in previous quarters, merger interest remains high. As more firms explore larger and more complicated combinations, the typical timeframe for completing a combination is lengthening, and the likelihood of hitting a roadblock in these types of combinations is greater," the report, published this week, stated. "However, given the level of activity, we anticipate an acceleration in completed mergers during the second half of the year and into 2024, including the potential creation of A&O Shearman."
ON THE RADAR - Postmates, Uber and George Seoud were sued for alleged false advertising July 5 in Ohio Court of Common Pleas for Cuyahoga County. The court case, filed by Truax Law Group, accuses the defendants of delivering food to customers which is falsely attributed to plaintiff India Garden. Counsel have not yet appeared for the defendants. The case is CV-23-981903, India Garden Cleveland, LLC vs. George Seoud, et al. Stay up on the latest state and federal litigation, as well as the latest corporate deals, with Law.com Radar.
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