Exterro's Legal GRC Breakdown

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Issuing a Legal Hold: Some still don't know when to do it

Created on July 13, 2011

Vice President, E-Discovery

For five years, the 2006 amendments to the Federal Rules of Civil Procedure (FRCP) have been in effect, which in part extended the scope of litigation holds to electronically stored information. By now corporations, especially those dealing in interstate commerce should know and be familiar with these federal rules and what practices are needed to stay compliant. In 2008, the federal court set a judicial precedent that…“A party has a duty to preserve evidence when it knows, or should have know, that litigation was imminent."This standard seems pretty straightforward and simple. When... Read More

E-Discovery Malpractice: Major Law Firm Sued for Failure to Supervise Contract Attorneys

Created on June 16, 2011

Vice President, E-Discovery

J-M Manufacturing Company, Inc. v. McDermott Will & EmeryTake note law firms and in-house legal departments: outsourcing legal work may not transfer liability in electronic document review from the supervising party to the contracted party. On June 2, J-M Manufacturing (JM) sued its former representing legal counsel, McDermott Will & Emery for e-discovery legal malpractice, on the grounds that they produced 3,900 privileged documents in a pending lawsuit. JM's opposing counsel now refuses to return or destroy JM's privileged documents based on them waiving the attorney-client privilege by twice producing privileged documents... Read More

Meet and Confer: Facebook Must Go

Created on May 19, 2011

Vice President, E-Discovery

In re Facebook PPC Adver. Litig., No. C09-3043 JF (HRL), 2011 WL 1324516 (N.D. Cal. Apr. 6, 2011) E-Discovery rules apply to everyone, but apparently social media giant, Facebook did not receive the message. In a recent ruling, the defendant, Facebook, was instructed by the United States District Court (N.D. California) to participate in specific e-discovery procedures including participation in meet and confer conferences. Plaintiffs, RootZoo, Inc., Fox Test Prep, Steven Price, filed motions to compel production from Facebook. In these motions there were two major e-discovery disputes: (1) Facebook refusing... Read More