Exterro's E-Discovery & Privacy Breakdown

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.

Fry's Electronics Facing More E-Discovery Sanctions and Other News of the Week

Created on August 20, 2012

eDiscovery Daily: Doug Austin, of Cloud Nine Discovery, reports on new e-discovery sanctions for Fry's Electronics in a sexual harassment case here.Law Technology News: Consultant Sean Martin examines how IT trends within the business world are changing the way organizations approach electronic discovery here.Inside Counsel: Wayne Wong, from the Kroll Ontrack ESI Consulting group, explains that an effective e-discovery policy combines technology with human analysis here.Bow Tie's Law Blog: Attorney Joshua Gilliland posts two video presentations on e-discovery production requirements here.eDiscovery Journal: eDJ Group analyst Greg Buckles looks at the increasing role... Read More

ADT v. Pinnacle: Make Your ESI Requests Clear the First Time

Created on August 9, 2012


By  Scott Giordano, Esq. (Guest Writer)It seems like basic e-discovery advice, but it bears repeating:  ask for the specific ESI you want in your requests for production, or risk losing them.  In this contract dispute matter between security services provider ADT and defendant Pinnacle Security, also a security services provider, ADT objected to a denial previously issued by Magistrate Judge Young B. Kim for additional ESI production by Pinnacle.  The order also directed the parties to resolve one of their e-discovery disputes via a meet and confer.  The objections to that denial... Read More

Getting the Scoop on De-dupe

Created on August 7, 2012


De-duplication is a critical e-discovery process for reducing data volumes in advance of attorney review and reducing overall costs. Computer hashing has become the most common way to identify duplicate files. A computer hash is an encryption algorithm that generates a unique value to identify a particular computer file. Hashing serves two main purposes in e-discovery. First, it helps authenticate the data. Any changes to a document result in a changed hash value, thus exposing any attempts to manipulate potentially relevant evidence. Secondly, hashing is used for file identification. Since a hash... Read More

Apple v. Samsung: Having to Go Back to the E-Discovery Basics

Created on August 2, 2012


Director of Marketing at Exterro

“Old dogs won't learn new tricks." Sometimes old sayings hold true. Case in point is Samsung's conduct surrounding its past and still current email document retention policies. On July 24, 2012, Samsung was sanctioned for not taking adequate steps to avoid spoliation, making it the second time in less than 10 years that Samsung has been sanctioned for not turning off the auto deletion switch on its proprietary email system. In both cases, Apple v. Samsung Electronics Co., Ltd. (N. Cal. July 24, 2012) and Mosaid v. Samsung (D.N.J. 2004), the courts... Read More

Mergers and Acquisitions (M&A) Present Real E-Discovery Challenges

Created on July 31, 2012


There are a lot of inherent complexities involved when one company acquires another. There are a whole host of economic concerns along with a number of regulatory hurdles that must be overcome. An equally vexing challenge involves the handling of electronically stored information (ESI). While M&A (mergers and acquisitions) is a broad term that describes a number of different business arrangements, a typical scenario involves one company purchasing another and taking over its business operations, which necessitates the migration of ESI and integration of at least some systems. In most cases, certain... Read More

Samsung Hit with Significant Sanctions and More E-Discovery News of the Week

Created on July 30, 2012

eDiscovery Journal: eDJ contributor Mikki Tomlinson analyzes the recent adverse inference order levied against Samsung for failing to preserve responsive ESI here.New York Law Journal: Reporter Mark Hamblett examines Judge Shira Scheindlin's recent ruling addressing ESI search strategies here.e-Discovery Team: E-Discovery attorney Ralph Losey posts his fifth in a series of narrative descriptions of  a search project involving Enron emails here.Electronic Discovery Law: K&L Gates bloggers share the latest on the much-discussed Da Silva Moore case here. Law Technology News: Monica Bay interviews Laura Zubulake about her new book which describes Zubulake's iconic... Read More

Adopting a Defensible Culling Strategy to Narrow the ESI Funnel

Created on July 24, 2012


Data culling may not be the flashiest of topics but it's an essential component to a defensible and efficient e-discovery process. One of the major challenges in e-discovery is that in most cases organizations simply don't know what electronically stored information (ESI) they have, let alone what they will ultimately need. It's common for legal teams to cast a wide preservation net to ensure potentially responsive ESI doesn't get deleted. However, costs begin to soar in the collection, processing and review stages if data sets aren't significantly purged of irrelevant material. Much... Read More