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

15 Sep 2014

Exterro’s inFusion Conference to Highlight Transformed E-Discovery Landscape

E-Discovery Events No Comments

By: Andrew Bartholomew

InFusion14 Logo_RGBCorporate e-discovery practitioners are assembling in Portland this week for Exterro’s fifth-annual inFusion ’14 user conference. The event comprises three days of educational sessions, Exterro product training and networking events. Global giants Siemens, Starbucks and Kroger are among the more than two dozen global corporations taking part in the conference. inFusion will also showcase Exterro’s fast growing partner network, with Deloitte, Huron Consulting, Epiq Systems, RSD , Alvarez & Marsal and other leading e-discovery technology and services companies sponsoring many of the educational sessions.

One of the prominent themes of this year’s inFusion conference is the evolution of e-discovery as a business process. Sessions will address how e-discovery demands are being transformed by growing data complexity, evolving legal standards and changing workplace dynamics.
The conference kicks off with a panel discussion on the impending amendments to the Federal Rules of Civil Procedure (FRCP) and their potential impacts on corporate e-discovery practices. Audience members will be treated to three unique perspectives on the topic from Federal Judge David Waxse (Dist. of Kansas), Michael Klein, assistant general counsel for Altria; and Ronni Solomon, a partner at King & Spalding. Read more