Exterro's E-Discovery & Privacy Breakdown

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.

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 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

BREAKING NEWS! Florida State Courts Enact E-Discovery Specific Rules

Created on July 6, 2012

Director of Marketing at Exterro

What has become a common trend of late, Florida has joined 30 other states in adopting rules that specifically address e-discovery issues. Starting in September, Florida's new e-discovery rules will go into effect within its state courts. Home to 16 Fortune 500 corporations and 93,000 lawyers, Florida has revamped its rules of civil procedure to standardize guidelines to make e-discovery less costly and promote greater e-discovery education among judges and attorneys.The Federal Rules of Civil Procedure (FRCP) has served as a template for states wishing to incorporate their own e-discovery amendments. Florida... Read More

Assumptions of Spoliation Do Not Prove Spoliation

Created on July 4, 2012

Director of Marketing at Exterro

"Begin challenging your own assumptions. Your assumptions are your windows on the world. Scrub them off every once in awhile, or the light won't come in." – Alan AldaDuring e-discovery, each side makes assumptions of what may be returned from the other side. But even if those pre-existing assumptions do not hold true, don't automatically assume that the producing side destroyed, withheld or modified evidence. Legal teams, as many know, cannot assume facts or actions. In Omogbehin v. Cino (3d Cir. June 20, 2012), the plaintiff, Omogbehin, assumed spoliation of evidence occurred... Read More