Exterro's E-Discovery Breakdown

The world of E-Discovery 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.

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

Created on March 15, 2012

Director of Marketing Programs at Exterro

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

Integrating In-House E-Discovery Management with Externally Hosted Review

Created on March 14, 2012

Editor's note: Last month, Exterro announced a partnership with Catalyst to streamline client management of all phases of e-discovery. I had the opportunity to interview Kevin Cahill, manager of alliances and channel development at Catalyst, and Jim FitzGerald, director of product marketing from Exterro, about the partnership and integration of Exterro® with Catalyst's hosted review platform. Following is an excerpt from our discussion:BARTHOLOMEW: Why have Catalyst and Exterro partnered?KEVIN CAHILL: Catalyst and Exterro decided to pursue this integration in response to increased market demand for a more comprehensive, integrated array of applications... Read More

Navigating the Great “Legal” Divide of Cross-Border E-Discovery

Created on March 13, 2012

By: Bob Rohlf, Esq.E-Discovery is an important element of the American legal system. It is designed to facilitate the uncovering of electronically stored information (ESI) to support litigation for both plaintiffs and defendants. The right to such ESI is generally interpreted liberally. This is not the case for the rest of the world, especially in the European Union (E.U.), where discovery (or e-disclosure) is much more protective of an individual's (and in some cases companies') rights to privacy. International companies with employees and operations located globally often face a quandary when litigating cases... Read More

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

Created on March 7, 2012

Director of Marketing Programs at Exterro

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

Director of Marketing Programs 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

The Convergence of Information Governance and E-Discovery

Created on February 28, 2012

As e-discovery becomes more of a mainstream business process for organizations, the E-Discovery Beat team is increasing our coverage of topics of particular interest to information technology professionals. Here are a few of the topics we will be tackling in upcoming posts: Information governance – how it fits in with e-discovery initiatives (today's post) Archiving and content management – how it can support e-discovery strategies Cloud-based storage and archiving – ensuring efficient retrieval of ESI at the forefront (vs. afterthought) Matter management integration – why it can keep e-discovery response teams sane... Read More

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

Created on February 22, 2012

Director of Marketing Programs 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