Exterro's Legal GRC Breakdown

Get your daily dose of news, best practices, and technology from Exterro's e-discovery, privacy, and digital forensics experts here.

Discovering Social Media: No Place for Privacy

Created on June 6, 2012

By Mike Hamilton
Vice President, E-Discovery

The following post is a re-post from Peer to Peer Magazine which can be read here.Every day, millions of people post status updates, photos and videos on social media websites such as Twitter, LinkedIn and Facebook. Once the province of teenagers and college students, these sites are now demanding the attention of legal professionals who are encountering evidence created via social media in a growing number of civil matters. In one such wrongful death case, Lester v. Allied Concrete Co. (Va. Cir. Ct. 2011), the plaintiff, Lester, and his legal counsel made... Read More

Expediting E-Discovery Before Meet & Confer Conferences

Created on June 1, 2012

By Mike Hamilton
Vice President, E-Discovery

In highly contested cases, serious concerns may arise that opposing parties may delete or modify electronically stored information (ESI) before e-discovery. To ensure that adequate preservation measures are taken beyond just filing a complaint and attaching a duty to preserve, legal teams should try and expedite the e-discovery process. With a showing of good cause by the moving party, courts will grant discovery before 26(f) conferences. In United Factory Furniture Corp. v. Alterwitz that is exactly what the plaintiffs did. Within the complaint, the plaintiff, United Factory Furniture Corp. (UFFC), alleged among... Read More

What the Market Really Wants From E-Discovery Software

Created on May 30, 2012

By Andrew Bartholomew

It's easy for e-discovery software vendors to tout what the market wants and needs. Of course, vendor perceptions don't always reflect true market realities. It's much better when you can go straight to the source in determining the true challenges organizations face with e-discovery and how technology can help.Industry analysts play a critical role in bridging customer needs with vendor capabilities. Last week, Gartner released its 2012 Magic Quadrant for E-Discovery Software, a comprehensive review of the e-discovery software market based on how well vendors are supporting end-user needs. The eDJ Group... Read More

BREAKING NEWS! Exterro a Visionary in Gartner’s 2012 Magic Quadrant for E-Discovery Software

Created on May 24, 2012

Gartner has released its 2012 Magic Quadrant for E-Discovery Software, and Exterro was named a 'visionary' for the second year in a row. In its analysis of e-discovery software vendors conducted by senior analysts Debra Logan and Sheila Childs, Gartner pointed out that the market has shifted dramatically over the last year with more and more end users demanding end-to-end e-discovery functionality. Exterro was among those companies lauded for expanding its range of functions to cover the full EDRM spectrum. The Gartner report also noted that Exterro is one of the only... Read More

Spoliation Equals Case Dismissal for Plaintiffs in NY Case

Created on May 24, 2012

By Mike Hamilton
Vice President, E-Discovery

When people consider spoliation sanctions they most likely think of monetary penalties or, in extreme cases, adverse inference rulings. But a recent case out of New York might make one re-think how the spoliation of evidence can affect the outcome of a case. In 915 Broadway Associates, LLC v. Paul, Hastings, Janofsky & Walker, LLP (N.Y. Sup. Feb. 16, 2012), the plaintiffs were served by the New York Supreme Court with one of the most severe sanctions possible – CASE DISMISSAL.CASE FACTSIn this convoluted legal malpractice case, the plaintiffs, 915 Broadway, sued... Read More

SEC, Government Agencies Struggling to Get E-Discovery Houses in Order (Just Like Everyone Else)

Created on May 21, 2012

By Andrew Bartholomew

The E-Discovery Beat editorial team frequently reports on the everyday struggles that legal teams face in dealing with e-discovery issues. What often gets overlooked is that government agencies experience similar problems and are just as confounded by the issues. In a recent article for New Legal Review, reporter Nick Huber reported that the Securities and Exchange Commission's (SEC) records preservation policies have come under so much scrutiny that even President Obama felt compelled to intervene.According to the article, concerns about the SEC first surfaced last summer when an employee submitted a damaging... Read More

Experts Weigh in on Preservation and Proportionality and More E-Discovery News of the Week

Created on May 21, 2012

Law Technology News: Monica Bay recaps a panel discussion last week exploring preservation and proportionality in legal holds hereInside Counsel: Paul Carr argues the we should re-think how e-discovery gets done not who does it here.Above the Law: Christopher Danzig reports on an embarrassing discovery blunder hereElectronic Discovery Law: More updates on the Da Silva Moore case hereeDiscovery Journal: Consultant Chuck Rothman provides tips for finding the right e-discovery tools hereeDiscovery Daily: Doug Austin, of CloudNine Discovery, examines cases involving the inadmissibility of text messages here ... Read More