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.

The Value of Project Management: Avoiding a “Huge Hole” in your E-Discovery Process

Created on March 1, 2012

Director of Marketing at Exterro

Just when you think the importance of e-discovery project management has been sufficiently established, another case, In Re Delta/AirTrain Baggage (N.D. Ga. Feb. 3, 2012), pops up reinforcing its significance. This antitrust litigation case against Delta Airlines and AirTran arose amid a number of legal activities, including a DOJ regulatory inquiry, asserting a violation of the Sherman Act due to the two companies charging passengers $15 baggage fees. While the United States District Court granted spoliation sanctions against Delta for a violation of multiple Federal Rules of Civil Procedure (FRCP) rules, a... Read More

E-Discovery Court Pilot Programs: E-Discovery Templates that Legal Teams Should Utilize

Created on February 22, 2012

Director of Marketing at Exterro

Most legal teams are aware of e-discovery risks. But when it comes to implementing real-world, specific strategies and techniques to streamline e-discovery processes, understanding where to start can be daunting. The real dilemma faced is how to effectively address and formulate protocols to resolve the gaps in the process. What questions should be asked and discussed with opposing counsel at meet and confer? How does one efficiently and defensible identify all potentially relevant electronically stored information (ESI) related to the matter? What parameters, such as date ranges and file types, are relevant... Read More

Pippins v. KPMG Ruling Affirmed: What does this tell us about E-Discovery?!

Created on February 10, 2012

Director of Marketing at Exterro

It's finally here, the Southern District of New York's court ruling on Pippins v. KPMG (S.D.N.Y. Feb. 3, 2012)! E-discovery pundits, bloggers and attorneys have anxiously awaited this decision, hoping it would add more clarity to questions surrounding proportionality, how 'key players' in a matter are defined, and what constitutes relevant evidence for preservation purposes.Judge McMahon did not disappoint, delivering a strong, deliberate opinion upholding the lower court's discovery order that KPMG preserve all existing hard drives. (Read about Judge Cott's lower court decision here). The primary theme in Judge McMahon's ruling... Read More

E-Discovery and Justice Sotomayor’s Opinion: “Reasonable expectation of privacy” is an unclear standard in today’s digital age

Created on January 26, 2012

Director of Marketing at Exterro

Under the 4th Amendment, the US Constitution acknowledges that individuals have a “reasonable expectation of privacy" but today's digital age has blurred the line of what is considered reasonable. While Congress has enacted the Stored Communications Act (SCA), U.S.C. 18 §§ USC 2701-12, there still is much confusion surrounding US privacy laws and what, when and how the SCA protects individuals. Supreme Court Justice Sotomayor's concurring opinion in US v. Jones reinforces that this confusion about US privacy rights are even being felt at the top of the judiciary branch.In U.S. v... Read More

Same Rules Apply to E-Discovery of Social Media as to All Electronically Stored Information

Created on January 19, 2012

Director of Marketing at Exterro

Everyday millions of people post their status, pictures, videos, etc. on Facebook, and it goes without saying that most don't consider the legal ramifications of publicizing that information. Usually people think twice before signing a contract, reading and analyzing every provision prior to signing on the dotted line because they know the document is legally binding. Given the growing prevalence of social media evidence in civil litigation, people may want to start applying a similar thought process before posting information online. In Lester v. Allied Concrete Co. (Va. Cir. Ct. 2011), Isaiah... Read More

Case Law Webcast Recap: 2012 resolutions should include exercising of infrequently used e-discovery rules

Created on January 13, 2012

Director of Marketing at Exterro

As the clock struck midnight on December 31, 2011, many people made New Year's resolutions. Most of these resolutions were probably along the lines of going on a diet or working out more, but according to our distinguished panel from Exterro's webcast, “2012 E-Discovery Case Law Forecast: Hindsight is 20/20," attorneys should make 2012 resolutions to better exercise the protections and benefits of FRCP discovery rules.Judge David Waxse, Maura Grossman, Esq., Dennis Kiker, Esq., and Exterro's Bob Rohlf, Esq., presented on important trends from 2011 case law and highlighted some practical e-discovery... Read More

E-Discovery Project Management Fees included in Recoverable Costs for Prevailing Party

Created on January 5, 2012

Director of Marketing at Exterro

In e-discovery, collaboration between multiple teams for tracking, monitoring and ensuring a defensible and comprehensive e-discovery process is essential. Project managers play the vital role of coordinating and managing this process so that matters stay on track and important information does not fall through the cracks. Courts are also beginning to recognize the importance of e-discovery project management, as seen in Jardin v. Datallegro, Inc. (S.D.Cal. Oct. 2011). In Jardin, it was ruled by the court that the project management costs used “exclusively to the process of converting data to .TIFF format"... Read More