The fifth edition of FTI’s Advice from Counsel survey and report was published earlier this year and its contents reveal a transformed and quickly evolving corporate e-discovery landscape. The report is unique in that it not only captures a snapshot of how corporate practitioners are handling e-discovery demands, but it also provides peer-to-peer advice for those just starting to develop an e-discovery program.This year’s report was titled, “The Emerging E-Discovery Playbook,” an allusion to the increasing number of corporations who have “operationalized” e-discovery for greater consistency and predictability.
Mike Kinnaman, Senior Managing Director for FTI Technology, is a report co-author. He was a guest panelist on Exterro and FTI’s recent webcast, “Survey Says…Insights into the Latest Litigation and E-Discovery Cost Trends,” where he shared his perspective on some of the report’s key findings. You can watch the on-demand webcast here.
I had a chance to speak with Mike about some of the highlights from the “Emerging E-Discovery Playbook. Read more
By: Scott Giordano
ESI preservation during the course of e-discovery is an unavoidable reality for all large companies. However, the means and strategies by which organizations preserve data and the costs associated with those practices varies greatly across organizations.
Earlier this year, Professor William H.J. Hubbard from the University of Chicago Law School published his Preservation Costs Survey, which provides deep insight into how companies are meeting their e-discovery preservation obligations and at what cost. Hubbard collected data from 128 companies ranging in size and spanning several industries.
Hubbard spoke on Exterro’s recent webcast, “Survey Says…Insights into the Latest Litigation and E-Discovery Cost Trends,” the first webcast in Exterro’s five-part E-Discovery Masters series. Watch the on-demand webcast here.
I had a chance to speak with Hubbard about the survey and some of its findings. Read more
By: Andrew Bartholomew
Organizations change legal hold systems for a variety of reasons. In some cases, a company simply out grows an existing tool and needs something more scalable and accommodating to a larger workload. In other circumstances, an organization may be seeking efficiency gains and process improvements that can only be achieved by investing in more advanced technology. As legal hold technology evolves, new capabilities and features emerge that impel legal teams to replace older products. Whatever the reason for making the switch, it is important organizations have a plan in place for making the transition as seamless and defensible as possible. Read more
By: Andrew Bartholomew
Readers who frequent E-Discovery Beat know that insourcing e-discovery data management is a theme we often revisit. Our assertion has long been that the only way organizations can realize truly significant e-discovery cost savings is to recognize that e-discovery is a standard business process supported by quickly advancing, end-to-end technology that should no longer be routinely outsourced to external parties. Read more
The Stored Communications Act, Extraterritoriality, and the Uncertain Future of U.S. Cloud Service Providers
By: Scott Giordano, Esq.
Should the U.S. government be able to compel U.S.-based cloud service providers to turn over electronically stored information (ESI) on servers located overseas with a warrant? At the moment, the answer seems to be “yes,” something that threatens their viability. On April 25 of this year, U.S. Magistrate Judge James C. Francis IV determined that the Stored Communications Act (“SCA”) did not prevent extraterritorial application of a warrant issued by the U.S. government upon a server owned by Microsoft and located in Ireland. He reasoned that although the order is a warrant in name, it functions much like a subpoena, and as such is not subject to the SCA’s requirements that government agencies must obtain a search warrant. Microsoft has appealed and Chief Judge Loretta A. Preska is scheduled to hear the matter at the end of July. Several companies, including Apple, AT&T, and Verizon, have filed amici briefs. Read more