Exterro's E-Discovery & Privacy Breakdown // Andrew Bartholomew

The world of E-Discovery & Privacy is constantly changing – let us break it down for you with a weekly dose of News, Resources, Case Law, and Humor, all written in a concise and easy to understand format.

Judges Examine Key Differences between U.S. and European E-Discovery

Created on September 1, 2015

Exterro's inFusion `15 user conference kicked off with a fascinating keynote on the differences between e-discovery laws in the U.S. and Europe. What made the discussion so interesting was that it featured two judges with a decidedly different experiences handling e-discovery in litigation. Andrew Peck, U.S. Magistrate Judge for the Southern District of New York was joined on stage by Steven Whitaker, former Senior Master of the Senior Courts of England and Wales in the Queen's Bench Division. The two judges shared their perspectives on the key differences between discovery in... Read More

E-Discovery Project Design Meetings Matter

Created on August 20, 2015

We recently announced a partnership with the popular litigation support blog, Litigation Support Guru, to bring you new tips and advice for managing e-discovery projects. Amy Bowser-Rollins, a self-described 'litigation support enthusiast,' manages and writes the Litigation Support Guru, providing best practices for nurturing and mentoring less experienced litigation support professionals in advancing their litigation support and e-discovery careers. We are very pleased to have Amy contribute to our blog and share some of her insights and experiences. Her first post two guest posts provided best practices for managing a document... Read More

New Survey Sheds Light on Biggest E-Discovery Data Management Obstacles

Created on August 19, 2015

Getting to the electronically stored information (ESI) that truly matters to the case as soon as possible is the single best way to reduce e-discovery costs. It also happens to be the biggest challenge. That point was underscored in a recent Exterro survey of nearly 150 e-discovery professionals who said locating responsive data was the most significant e-discovery challenge, ahead of tracking legal holds, managing projects and controlling the amount of data sent to review. We wanted to dig a little deeper so we ran a follow up survey looking specifically... Read More

Mixed Views on the FRCP E-Discovery Changes

Created on August 13, 2015

Five years ago, a group of judges and legal professionals comprising the Federal Civil Rules Advisory Committee met at Duke University to begin the discussion of potential e-discovery rule changes to the Federal Rules of Civil Procedure (FRCP). Barring something unexpected, those efforts will culminate in less than four months when an amended FRCP goes into effect. Rule changes are a big deal in e-discovery. The 2006 FRCP changes, which formally acknowledged e-discovery as a distinct and highly necessary legal process, are still frequently discussed today. Will the legal profession wake... Read More

Adding Clarity to IT’s Ambiguous Relationship with E-Discovery

Created on August 6, 2015

E-Discovery is a cross-functional activity that involves stakeholders with very different backgrounds and skillsets. While legal drives e-discovery, it's ultimately IT that is brought in to execute many of the critical tasks and navigate the technical complexities that permeate e-discovery projects. This bifurcated approach to e-discovery, where legal assesses the needs and IT does the work, is common across a lot of organizations. But e-discovery projects run much smoother and more efficiently when companies take a more holistic approach, characterized by close collaboration, frequent communication and shared objectives. This is the... Read More

Surge in FOIA Requests Compelling Government Agencies to Bolster E-Discovery Processes

Created on July 30, 2015

It may not grab headlines like some of the other e-discovery trends, but there is no larger e-discovery issue facing government agencies than the surge in Freedom of Information Act (FOIA) requests. FOIA is a federal law enacted in 1966, establishing the public's right to obtain information from government agencies. Several states have followed suit with similar public information laws. As awareness of FOIA has grown, the number of requests has skyrocketed. We recently published a primer on FOIA with a little more background on the issue. In a new white paper... Read More

Are you Prepared to Locate Responsive Data for E-Discovery?

Created on July 23, 2015

Many legal professionals are starting to embrace the notion that e-discovery is a business process, which can be measured, managed and optimized. The greatest progress is being seen with “left-side" e-discovery activities, such as identification, preservation and legal hold. The more data-centric, “right-side" e-discovery tasks, such as collection, processing, search and review, are still largely being handled as isolated steps in the process, many of which are outsourced to expensive third parties. This may be due to companies feeling they lack the resources to handle e-discovery data management internally or they... Read More