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.

Judge Scheindlin Issues Strong Opinion on Custodian Self-Collection and More E-Discovery News of the Week

Created on July 23, 2012

Law Technology News: E-Discovery Attorney Ralph Losey lends his perspective to Judge Scheindlin's recent ruling addressing the adequacy of custodian self-collection here.Inside Counsel: Attorney Laura Fraher offers four tips for preparing for a discovery conference with the opposing party here.eDiscovery Journal: Analyst Greg Buckles looks at the e-discovery implications of the movement towards smart phones and mobile devices here.e-Discovery Team: Ralph Losey recaps days five and six of his legal search project here.eDiscovery Daily Blog: Expert Doug Austin looks at the growing role of Twitter in e-discovery requests here... Read More

Written Legal Holds: Standard Should Not Change Even with Recent Ruling

Created on July 19, 2012


Director of Marketing Programs at Exterro

For the past five or six years, legal holds and e-discovery have gone hand in hand. Since the landmark rulings in Zubulake v. UBS Warburg and Pension Committee (S.D.N.Y. Jan. 15, 2010), there has been a precedent set by the court that the issuance of a legal hold was in most cases a mandatory duty to ensure that custodians suspended the destruction of relevant electronically stored information (ESI). Surprisingly, few courts have addressed the semantics of how legal holds should be dispersed – electronically, in writing or via a telephone call.Much debate... Read More

Legal Hold Management: Are Manual Processes Still the Norm?

Created on July 17, 2012


In e-discovery, the identification and preservation stages set the foundation for a defensible process. Organizations can employ the most advanced technologies for collection, processing and review of electronically stored information (ESI), but failing to adequately identify and preserve potentially relevant evidence will almost always result in sanctions. While this might be old news for many in the legal industry, it appears as if the message is not getting through to all. In a recent eDiscovery Journal (eDJ) survey, 44% of the respondents reported to not utilizing software to manage the legal hold... Read More

Supreme Court May Weigh in on Recovery of E-Discovery Costs and More News of the Week

Created on July 16, 2012

E-Discovery Law Alert: Gibbons' attorney Mark Sidoti examines the important Race Tires case and explains  that Hoosier Racing is seeking high court review of Third Circuit's slashing of e-discovery cost award here.E-Discovery Bytes: Quarles & Brady partner William Hamilton reviews the new amendments to the Florida Rules of Civil Procedure that address e-discovery issues here.e-Discovery Team: E-Discovery attorney Ralph Losey describes days three and four of his legal search project here.Inside Counsel: Attorneys Aaron Frankel and Mark Baghdassarian from Kramer Levin Naftalis & Frankel examine the challenges of managing discovery in asymmetrical... Read More

Social Media in E-Discovery: Public or Private Information?

Created on July 12, 2012


Director of Marketing Programs at Exterro

Social media acts as a double-edged sword for e-discovery. On one side, legal teams tend to struggle with identifying the appropriate legal standards when social media content is deemed private by the courts, making it difficult to protect or prevent exposing harmful information. On the other, social media has become an alternative avenue to investigate claims and find case breaking information. As discussed in a previous post, Discovering Social Media: No Place for Privacy, deleting once-public social media posts after the duty to preserve has been triggered is considered spoliation. But what... Read More

Shifting the E-Discovery Paradigm with Defensible Data Reduction

Created on July 10, 2012


The Wall Street Journal is the latest mainstream publication to address the predictive coding phenomenon that is sweeping the legal industry. In a June article titled, “Why Hire a Lawyer? Computers Are Cheaper," the newspaper addressed the viability of replacing costly human reviewers with cheaper, more efficient predictive technology. The article was anchored by a case involving Landow Aviation, a company facing a slew of lawsuits after a destructive jet hangar collapse. Landow “identified a batch of about two million electronic documents it would need to sift through for evidence of its... Read More

Survey Shows Surge in E-Discovery Work at Law Firms and Corporations and More News of the Week

Created on July 9, 2012

Law Technology News: Monica Bay reports on a new study by the The Cowen Group, which shows a strong spurt of growth in e-discovery workload at law firms and corporations here.e-Discovery Team: E-discovery attorney Ralph Losey provides day two of his predictive coding narrative here.Electronic Discovery Law: K&L Gates bloggers recap a case in which the court ordered production of five year's of content from Facebook and MySpace here.Ball in Your Court: E-discovery expert and attorney Craig Ball shares his thoughts on data deduplication here.eDiscovery Journal: Sheryl Thierry, director of records management at... Read More