Lawyer's 'Inadvertent' E-Discovery Failures Led to Wells Fargo Data Breach

, New York Law Journal

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A massive Wells Fargo customer data breach was not the work of a hacker, but of the bank's own lawyer who failed to review an entire set of discovery documents, including information about the bank's wealthy customers, before it was shipped to a litigation adversary.

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  • Tom Miller

    Kinda mean Craig. Ignorance and stupidity, although in the same family, are not the same animal. Ignorance can be treated and if what I have read over and over again is true law schools rarely attempt to address this condition even though it is well known and documented. Not knowing, or truly caring, what Ms. Turiano‘s or her firms level of technology is and understanding that vendors of ediscovery are selling magic I cannot say who was actualluy at fault here. Was it her responsibility? Yes so I‘m sure she will suffer for it. Was it her fault? A different question.

  • Craig Ball

    Nice piece. I can‘t agree that "Turiano‘s affirmation explains in detail how she inadvertently provided Wells Fargo customer information...." She doesn‘t explain how she didn‘t see the discrepency between the Bates number ranges that would be inescapable of notice when one questions how you review exactly 1,000 documents yet produce tens of thousands (or whatever it was, since she sugarcoats the firm‘s gross malfeasance in, e.g., delegating review to a principal who didn‘t know how to use the review tool she was using, didn‘t understand that redaction is the responsibility of the reviewer (because the reviewer must mark the material needng to be redacted) and failed to employ rudimentary QC). Did not the production have the Bates number range recorded on the face of the disk or in the transmittal letter accompanying it? everyone makea mistakes, and lawyers make them routinely in e-discovery, mostly due to arrogance and ignorance of ESI. Ms. Turiano is not unique in her incompetence or even below par; but, she didn‘t fall on her sword with complete candor or accountability.

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