22 Oct 2014

ARMA Session to Address E-Discovery and Records Management Implications of Employee Status Changes

E-Discovery Events No Comments

Employee Status ChangesBy: Andrew Bartholomew

One of the themes we’ve highlighted extensively on the blog over recent months is the significant e-discovery and information governance challenges brought on by employee status changes, such as departures, department/office transfers or extended leaves of absence (e.g. maternity leave). Even though it’s an issue that impacts virtually all large companies, our research reveals that very few organizations have structured processes and supporting technologies to even identify employee changes, let alone initiate the necessary actions to protect data that must be preserved for legal or compliance reasons. Read more

20 Oct 2014

Preventing the Most Common E-Discovery Mistakes

E-Discovery/Information Governance Trends No Comments

By: Andrew Bartholomew

Organizations face a bevy of risks when it comes to e-discovery. However, a review of recent court rulings reveals common stumbling blocks that seem particularly challenging for companies to overcome. In most cases, these issues are reflective of holes in the e-discovery process or areas where legal teams tend to overlook inherent dangers. Read more

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