Exterro's E-Discovery & Privacy Breakdown // Scott Giordano

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.

Developing a Corporate E-Discovery Game Plan

Created on July 18, 2014

The fifth edition of FTI's Advice from Counsel survey and report was published earlier this year and its contents reveal a transformed and quickly evolving corporate e-discovery landscape. The report is unique in that it not only captures a snapshot of how corporate practitioners are handling e-discovery demands, but it also provides peer-to-peer advice for those just starting to develop an e-discovery program.This year's report was titled, "The Emerging E-Discovery Playbook," an allusion to the increasing number of corporations who have "operationalized" e-discovery for greater consistency and predictability.Mike Kinnaman, Senior Managing Director... Read More

Surprising Revelations About E-Discovery Preservation Costs

Created on July 14, 2014

By: Scott GiordanoESI preservation during the course of e-discovery is an unavoidable reality for all large companies. However, the means and strategies by which organizations preserve data and the costs associated with those practices varies greatly across organizations.Earlier this year, Professor William H.J. Hubbard from the University of Chicago Law School published his Preservation Costs Survey, which provides deep insight into how companies are meeting their e-discovery preservation obligations and at what cost. Hubbard collected data from 128 companies ranging in size and spanning several industries.Hubbard spoke on Exterro's recent webcast, "Survey... Read More

The Stored Communications Act, Extraterritoriality, and the Uncertain Future of U.S. Cloud Service Providers

Created on July 1, 2014

By: Scott Giordano, Esq. Scott Giordano, Esq.Should the U.S. government be able to compel U.S.-based cloud service providers to turn over electronically stored information (ESI) on servers located overseas with a warrant? At the moment, the answer seems to be “yes,” something that threatens their viability. On April 25 of this year, U.S. Magistrate Judge James C. Francis IV determined that the Stored Communications Act (“SCA”) did not prevent extraterritorial application of a warrant issued by the U.S. government upon a server owned by Microsoft and located in Ireland. He reasoned that... Read More

Understanding E-Discovery ROI: Legal Hold

Created on June 3, 2014

By: Scott Giordano, Esq.The following post is part one of E-Discovery Beat’s four-part series on understanding e-discovery return on investment (ROI). Today’s post looks at ROI in the context of the legal hold process. Part two in the series will address the collection, analysis, review and production phases. Why ROI for E-Discovery General Counsel are no different than the leaders of any corporate department in the sense that they have to justify every major expenditure, from staffing to technology, in order to receive (and continue to receive) funding. With that funding comes... Read More

Are We at a Privacy Protection Tipping Point?

Created on March 11, 2014

Scott M. Giordano Following is a guest post by Scott M. Giordano, Exterro’s corporate technology counsel, who attended the International Association of Privacy Professionals’ (IAPP) Global Privacy conference last week in Washington, D.C. I attended the International Association of Privacy Professionals’ (IAPP) Global Privacy conference last week and noted in my previous post on the Thursday keynote session that one of speaker David Brin’s predictions may have been right on the mark. Brin, the author of 1998 work The Transparent Society, argues that the pervasiveness of surveillance technology will eventually eliminate... Read More

Q&A: Understanding the E-Discovery Implications of Employee Status Changes

Created on March 10, 2014

Exterro and FTI Consulting recently hosted a webcast, “Understanding the E-Discovery Implications of Employee Status Changes.” The presentation addressed the risk of corporate data spoliation caused by employment status changes, such as departures or departmental transfers. Presenters Antonio Rega, managing director at FTI Consulting, and Scott Giordano, corporate technology counsel at Exterro, examined the issue and offered a number of best practices and technology considerations surrounding this very common challenge.The full, one-hour webcast is available for on-demand viewing. Antonio and Scott also took part in a 5-minute webcast synopsis presentation, which highlights... Read More

Is “Sous-veillance” the Solution to U.S.-EU Privacy Conflicts?

Created on March 7, 2014

Scott M. GiordanoFollowing is a guest post by Scott M. Giordano, Exterro’s corporate technology counsel, who is attending the International Association of Privacy Professionals’ (IAPP) Global Privacy conference this week in Washington, D.C.I’m attending the International Association of Privacy Professionals’ (IAPP) Global Privacy Conference and one of the keynote speakers, David Brin, offered an interesting perspective that might offer some hope for resolving the seemingly intractable conflict between U.S. and EU approaches to privacy protection. Brin is the author of The Transparent Society, published in 1998 when the Internet was still... Read More