14 Oct 2014

Four Critical Components of a “Reasonable” E-Discovery Preservation Process

E-Discovery/Information Governance Trends No Comments

By: Andrew Bartholomew

In a recent post, we discussed the proposed changes to Rule 37(e) of the Federal Rules of Civil Procedure (FRCP) that would create a national standard of culpability for determining sanctions. In our last post we looked at the rule itself and what specific changes are being proposed (for more information you can also download Exterro’s recently published infographic on the topic here). Today’s post dives a little deeper into the practical impacts of the new rule on preservation practices. Read more

29 Sep 2014

Considering the Potential Impacts of a New FRCP Rule 37(e) on Legal Hold Practices

E-Discovery/Information Governance Trends No Comments

FRCPBy: Andrew Bartholomew

Earlier this month, the Judicial Conference of the United States approved the proposed amendments to the Federal Rules of Civil Procedure (FRCP), moving them one step closer to final passage. Among the proposed amendments that are getting the most attention is a complete replacement of Rule 37(e), designed to create a national standard of culpability for determining sanctions in the event that requested electronically stored information (ESI) could not be produced. Scott Giordano, Exterro’s Corporate Technology Counsel, broke down the proposed changes in a recent blog post, which you can read here.

While many e-discovery practitioners have pushed for more uniform culpability standards throughout the federal circuits, the proposed Rule 37(e) is not without grey areas. The new language stipulates that parties must take “reasonable steps” to ensure potentially relevant ESI is not lost. But what do “reasonable steps” look like in the context of actual e-discovery practices? To what extent will technology be considered into the reasonableness equation? And how will emerging preservation challenges, such as mobile device ESI and social media, be handled by the courts? Read more

25 Sep 2014

Illustrated Highlights from Exterro’s inFusion`14 E-Discovery User Conference

E-Discovery Events No Comments

InFusion14 Logo_RGBBy: Andrew Bartholomew

Earlier this month Exterro held its fifth-annual annual inFusion `14 user conference. The conference comprises educational sessions, Exterro product training and networking events. You can view the full agenda and see photos from past inFusion conferences here.

To provide inFusion `14 with a bit more “color,” Exterro hired a professional artist to take in some of the conference sessions and capture the key highlights and best practices via illustration. Those sessions included: Read more

24 Sep 2014

Law Firms Facing Disruptive Changes Impacting E-Discovery and Other Legal Services

E-Discovery/Information Governance Trends No Comments

By: Andrew Bartholomew

Disruptive ChangesA new report issued by Georgetown Law and Peer Monitor contends that disruptive forces have forced law firms to re-examine their traditional business models and embrace change in how legal services are delivered. According to the “2014 Report on the State of the Legal Market,” the law firm market has become much more competitive over the past five years as the supply of legal services has greatly exceeded demand. Moreover, the market for legal services has shifted from a sellers’ market to a buyers’ market with fundamental decisions about how legal services are delivered increasingly being made by clients, not law firms.

One of the reports lead author is James W. Jones, senior fellow at the Georgetown Law Center for the Study of the Legal Profession. Jones will discuss the report and some of its key recommendations on Exterro’s upcoming webcast, “Disruptive Change Confronts Law Firm Industry.” The webcast, which airs on September 25, will also explore how a changing market has impacted the delivery of e-discovery services, an area in which many law firms are begin forced to adapt to new client expectations and demands. You can learn more about the webcast and register here. Read more

18 Sep 2014

E-Discovery Master Profile: Steve Ihm, Allstate

Expert Viewpoint No Comments

Steve IhmAs part of Exterro’s E-Discovery Masters series, we’ve been profiling various e-discovery professionals about how they came to be involved in e-discovery as a career and what they’ve learned about achieving e-discovery success. Today, we profile Steve Ihm, Vice President and Assistant General Counsel at Allstate. Steve is presenting, along with Deloitte’s Rich Vestuto, on Exterro’s upcoming webcast, “Is Your Legal Hold Process ‘Reasonable’ Under the Updated FRCP?,” which will look at proposed e-discovery amendments to the Federal Rules of Civil Procedure (FRCP) and their potential impact on legal hold and preservation requirements and practices. You can learn more and register for the webcast here.

We asked Steve a series of questions about his current e-discovery responsibilities and what he’s learned throughout his career. Read more