26 Nov 2014

Second Thoughts on Sedona Principle Six

E-Discovery/Information Governance Trends No Comments

By: Bob Rohlf, Esq., E-Discovery Counsel, Exterro

Last month, in his blog post “Sedona Principle Six: Overdue for an Overhaul,” Craig Ball declared that Sedona Principle Six (from the Sedona Conference’s Best Practices Recommendations & Principles for Addressing Electronic Document Production) is not only out of place in the Sedona Conference’s compilation of e-discovery best practices, but is, and always has been, “out of synch with reality.”

Principle 6 states, “Responding parties are best situated to evaluate the procedures, methodologies and technologies appropriate for preserving and producing their own electronic data and documents.” Based on his extensive experience with parties over the years, Ball challenges the unsubstantiated presumption underlying this Principle. His argument for ditching Principle 6 is that we should not presume, without cause, that a producing party is in a superior position to evaluate and use technologies for preservation and production. Read more

18 Nov 2014

12 Best Practices of E-Discovery

Exterro News No Comments

By: Andrew Bartholomew

In the spirit of the upcoming holiday season, Exterro is giving the gift of e-discovery and information best practices with our upcoming 12 Best Practices of E-Discovery email program.

You can sign up to receive daily emails from December 1-12 featuring a video clip of an e-discovery expert delivering best practice advice. Each day will feature a new expert discussing a specific e-discovery or information governance topic, such as tracking custodian departures, improving collaboration between legal and IT and developing a cross-border e-discovery strategy.

Featured experts include Exterro clients, such as Mike Klein from Altria and Stephanie Neal from Metlife, as well as Exterro partners, like Ed Lee from Alvarez & Marsal.

You will also have a chance to submit feedback or questions directly to the experts featured in the clips.

Sign up for 12 Best Practices of E-Discovery Here

13 Nov 2014

Exterro’s inFusion `14 Conference Keynote: Preparing for FRCP E-Discovery Changes

E-Discovery Events No Comments

By: Andrew Bartholomew

InFusion14 Logo_RGBEarlier this fall Exterro held its annual inFusion `14 user conference. To kick off the event, attendees were treated to a panel discussion, titled “FRCP Changes and the Cascading Impact on Your Organization.”

Changes to the Federal Rules of Civil Procedure (FRCP) have been circulated for public comment, reviewed and approved by the Standing Committee, and are now awaiting Judicial review. The biggest changes are around preservation standards and e-discovery scope. Read more

12 Nov 2014

Corporate Counsel Identify Opportunities for Improvement in E-Discovery

E-Discovery/Information Governance Trends No Comments

By: Andrew Bartholomew

Corporate counsel report substantial room for improvement when it comes to handling and managing e-discovery, according to the inaugural Inside E-Discovery Survey by BDO Consulting. 100 senior in-house counsel at leading corporations throughout the U.S. were involved in the survey. When asked to rate their internal and external e-discovery resources, respondents gave a grade of 6.5 out of 10 for overall effectiveness. The survey addressed a variety of e-discovery topics, including trends around spending, the increasing prevalence of mobile device data, and the adoption of in-house e-discovery technologies. Read more

06 Nov 2014

Defining a ‘Forensically Sound’ Data Collection

E-Discovery/Information Governance Trends No Comments

By Andrew Bartholomew

Data CollectionIf you ask an IT professional that you need to collect data from a computer hard drive, chances are you are going to be presented with bit stream image – or exact duplicate of every bit on the subject drive.

In technical circles, data collection and bit stream copying are practically synonymous. However, imaging a hard drive is by no means the only way to collect data. In fact, for civil e-discovery is almost always going to be overkill. Yet organizations continue to rely heavily on this method for their e-discovery collection needs, even in civil matters, despite the considerable expense associated with imaging drives and reviewing irrelevant data. So what’s driving this misguided reliance on bit stream copying? Read more