Exterro's E-Discovery & Privacy Breakdown // Mike Hamilton

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.

Judge Facciola Stands Up for Cooperation During E-Discovery

Created on June 20, 2012

Director of Marketing at Exterro

Sometimes people's actions cause their colleagues to stand up and take notice. In the sports arena, it might be dunking a basketball in the face of the opposing team's star player or winning the U.S. Open in golf on one leg (e.g. Tiger Woods in 2008). We have recently witnessed the equivalent to this within the legal world in Magistrate Judge John Facciola's recent opinion from Tayadon v. Greyhound Lines, Inc (D.D.C. June 6, 2012). In a rare move, Judge Facciola came outright and proclaimed that everyday adversarial gamesmanship between parties would... Read More

Reduce E-Discovery Costs Before Data Collection, Processing & Review

Created on June 13, 2012

Director of Marketing at Exterro

Reduce, minimize, trim, cut – use any adjective you want. Corporate legal teams are still searching for the right equation to contain e-discovery costs. Predictive coding and computer assisted review have garnered a lot attention as the newest, best technology for reducing e-discovery costs. What's getting lost in the mix, and somewhat overshadowed by the Da Silva Moore hoopla, are the front-end technologies and steps legal teams can leverage at the outset of a case to reduce costs, before data collection, processing and review.Imagine e-discovery evidence in terms of a funnel in... Read More

Discovering Social Media: No Place for Privacy

Created on June 6, 2012

Director of Marketing at Exterro

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

Director of Marketing at Exterro

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

Spoliation Equals Case Dismissal for Plaintiffs in NY Case

Created on May 24, 2012

Director of Marketing at Exterro

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

Preparation for Defensibility, Alternative Avenues for Cost Cutting are Key E-Discovery Trends of 2012

Created on May 16, 2012

Director of Marketing at Exterro

Philosophers, spiritualists and average Joes, like you and me, have all probably heard of the ancient Mayan phenomenon regarding the year 2012. Is it the end of days? Is it the start of a new beginning? Or is it just another year? While no one knows what may lie ahead, what can definitively be said about 2012 so far is that is has been filled with numerous instructive e-discovery cases on costs and scoping, which are providing significant wakeup calls to legal teams.In Exterro's recent webcast, E-Discovery Case Law Wake-Up Call: No... Read More

BREAKING NEWS! FBI’s Newly Announced Investigation of JPMorgan to Create More E-Discovery Issues

Created on May 16, 2012

Director of Marketing at Exterro

As CNN reported earlier today, the FBI has announced an investigation into the nation's largest bank, JPMorgan Chase, signaling that criminally activity may have occurred within the company. While the specific nature of the investigation remains unclear, the FBI and the Securities Exchange Commission (SEC) (under a prior ongoing investigation) are probing for information from JPMorgan. Along with these external pressures, JPMorgan is conducting its own internal investigation to examine their recent $2 billion dollar trading loss stemming from a string of trades on credit default swaps.As JPMorgan treads its way through... Read More