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.

Keyword Search Terms: How to adequately argue for alternative search parameters

Created on March 15, 2012

Vice President, E-Discovery

Within early stages of litigation, to successfully negotiate and object to discovery parameters, such as keyword search terms, parties must have a legal justification AND provide adequate evidence to support their objection. Unsupported statements and concerns about producing “an unreasonable number of irrelevant results," or that discovery parameters are not proportional to the matter are only conclusory statements.The errors made in Custom Hardware Eng'g & Consulting v. Dowell (E.D. Mo. Jan. 3, 2012) showcases how courts are rejecting discovery objections when attorneys don't take the time or know how to support their... Read More

“Reasonable Anticipation” of Litigation Re-Affirmed as the Standard for Triggering Legal Holds

Created on March 7, 2012

Vice President, E-Discovery

Most attorneys understand that when a complaint is filed with the court, each party has a legal obligation to issue legal hold notices to all applicable custodians. But many struggle to understand that this is not actually the correct legal standard for preserving custodian information. Case in point, Voom HD Holdings LLC v. Echostar Satellite LLC (NY Slip Op. Jan. 31, 2012). In this case, the New York Appellate Court adopted the federal standard under Zubulake that “once a party reasonable anticipates litigation, it must suspend its routing document retention/destruction policy and... Read More

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

Created on March 1, 2012

Vice President, E-Discovery

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

Vice President, E-Discovery

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

Vice President, E-Discovery

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

Vice President, E-Discovery

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

Vice President, E-Discovery

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