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.

Live Blogging at Georgetown's Advanced E-Discovery Institute: Day #2 -- The Evolving Role of eDiscovery Counsel

Created on December 7, 2012

Date/Time: :815 - 9:30am (EST), Friday, December 7, 2012Participants: Moderator -- James L. Michalowicz; Panelists -- Katherine Bertini, David Chaumette, Madeleine McDonough, Michelle SpakSession Description: The Evolving Role of eDiscovery CounselThis session discussed the role that e-discovery counsel plays throughout the discovery process. The moderator presented five questions to the panelists. The panelists were split up into teams, in-house counsel (Katerine Bertini (UTC) and Michelle Spak (Duke Energy) and outside counsel (Madeleine McDonough and David Chaumette). A lively and great discussion ensued that compared/contrasted perspectives between these two groups.HighlightsThe chief role of... Read More

Day One Recap from Georgetown's Advanced E-Discovery Institute

Created on December 6, 2012

It was an exciting and information packed first day at the Georgetown Law Advanced E-Discovery Institute. We encourage you to read our recaps of sessions on e-discovery case law, the economics of e-discovery and information governance.The conference keynote addressed data privacy and was delivered by J. Trevor Hughes, President and CEO of the International Association of Privacy Professionals. The general theme of the presentation was that there is such a constant and pervasive collection of personal information that we, as a society, have no idea the scope of just how little privacy... Read More

Live Blogging at Georgetown's Advanced E-Discovery Institute: Information Governance

Created on December 6, 2012

Date/Time: 2:15 - 2:45pm (EST), Thursday, December 6, 2012Participants: Moderator -- Jonathan M. Redgrave; Panelists -- Jason R. Baron, Tanya L. Forsheit, Sarina Lozano, Scott WhippsSession Description: Information GovernanceInformation governance, when competently managed, can greatly streamline e-discovery processes. This panel discussion addressed the business aspects of information governance, presented a model for lawyers in information governance and described the contributions lawyers can make to improve their organization's capabilities to preserve and manage electronically stored information as evidence.HighlightsThe first step of information governance is developing an information retention policy that includes requirements addressing... Read More

Experts Discuss Leveraging Predictive Technologies Beyond E-Discovery Review

Created on December 4, 2012


It can safely be said that 2012 will go down as the year of Predictive in e-discovery circles. Not only did several new players enter the predictive technologies arena, but the courts finally began addressing the validity of the technology as a defensible means for identifying relevant documents. Of course, we've seen e-discovery trends come and go in the past, but most experts agree that the predictive phenomenon may actually only be in its infancy because we're only scratching the surface of the technology's full capability. This very trend and topic was... Read More

International Trade Commission Proposes E-Discovery Rule Changes

Created on November 28, 2012


Last month, the United States International Trade Commission (USITC) published an official “Notice of Proposed Rule Making," which announced proposed amendments to its Rules of Practice and Procedure regarding e-discovery practices. The agency is accepting public comments on the changes through December 4th.The changes are primarily focused on discovery proceedings associated with section 337 of the Tariff Act of 1930. Section 337 investigations most frequently involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods, according to the USITC's website.In a press release announcing the... Read More

What the Petraeus Scandal Can Teach Us about the Power of Electronically Stored Information

Created on November 20, 2012


Those in the e-discovery industry live in a world of electronically stored information (ESI), metadata, legal holds and data collections. In reality, these terms and concepts aren't widely understood by the legal community, let alone the general public. For that reason, incidents like the scandal surrounding General David Petraeus' extramarital affair help to remind us all some of the unique ways ESI can be used to unearth facts and piece together a story.The purpose of this post is not to recount the entire Petraeus saga. Rather, my goal is to draw attention... Read More

International Comity: An often forgotten third option during cross-border e-discovery

Created on November 15, 2012


Director of Marketing Programs at Exterro

As I discussed in my last post, Cross-Border E-Discovery – A choice between two lesser evils?, the complexity of e-discovery heightens when discovery cuts across borders. In these situations, legal teams are often forced to decide between obeying United States' discovery rules or complying with foreign data privacy and protection laws. A third option exists. The doctrine of international comity, domestic courts giving deference to foreign law, enables U.S. courts to excuse the discovery of data located in foreign countries. To determine if this doctrine is appropriate, courts will conduct a fact-based... Read More