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.

Getting the Most Out of Your Legal Hold System

Created on September 25, 2012


With so much attention focused right now on advancements in search and review technology, many people are overlooking the rapid maturity of legal hold technology. In the last few years, legal hold products have evolved from rudimentary email notification systems to dynamic, multidimensional applications that can be used for managing legal holds as well as a variety of other e-discovery tasks. And even though the courts are paying attention, survey after survey continues to show that many organizations are not fully utilizing the technologies. In his recent article Signs Of Information Governance... Read More

The Hanover Insurance Company Awarded Exterro Fusion Implementation of the Year at inFusion12

Created on September 14, 2012

Linda Luperchio of Hanover holds up the Fusion Implementation of the Year Award.Each year, the Exterro Client Success team recognizes a leading customer and its project team as a way to honor their journey and pursuit of excellence in e-discovery. The Hanover Insurance Company was awarded this year's Implementation of the Year at Exterro's inFusion12 user conference. David Hartmann, Exterro's director of client success presented the award to Linda Luperchio, Hanover's director of information lifecycle management. The Hanover team was recognized for effectively bringing various stakeholders into the implementation process and their... Read More

Penthouse Case Sheds Light on Discoverability of Social Media Messages

Created on September 7, 2012

By: Bob Rohlf, Esq., E-Discovery Counsel, ExterroThe fact assertions in a case from the Southern District of New York provide a titillating read, but a recent discovery order proceeding from that case illustrates solid judicial reasoning in grappling with the new technologies of social media.The case In re: Penthouse Executive Club: Compensation Litigation arose from complaints by exotic dancers that the Penthouse Executive Club violated labor laws by failing to pay for overtime. The strippers also complained that, as a result of pinching dancers' tips and charging dancers fees to entertain customers... Read More

Experts Consider E-Discovery Implications of New ABA Ethics Rules Amendments

Created on September 5, 2012


For years, lawyers have not only embraced their Luddite ways, they've touted them as a point of pride. It has been argued that the practice of law is by nature one of thoughtful investigation and analysis, not naturally suited for the fast-paced, ones and zeros world of computers. Many lawyers still prefer legal pads over iPads, written letters over email. However, there is little doubt even by the most ardent of legal traditionalists that technology has and will continue to transform the legal profession. Recognizing this evolution, the American Bar Association (ABA)... Read More

E-Discovery Sanctions: When to Hand Out the Ultimate Punishment, Default Judgment

Created on August 29, 2012


Director of Marketing at Exterro

District courts are vested with the inherent power to impose sanctions against parties for e-discovery violations. In most cases, this means handing out monetary sanctions but in some, more severe cases adverse jury instructions may be awarded against the faulty party. But what happens when a party's conduct is so egregious that it warrants a case dispositive sanction, a default judgment? Rare as they may be, courts do not consider default judgments off the table as evidenced in Equal Employment Opportunity Commission (EEOC) v. Fry's Electronics, Inc. (W.D. Wash. July 3, 2012).In... Read More

Moving from Reactive “Fire Drill” to Proactive Intelligence in E-Discovery

Created on August 28, 2012


It's the classic 21st century litigation nightmare: defense counsel is faced with a daunting discovery request from the opposing side. Ill prepared legal teams may have to scramble to identify key custodians, and locate and lock down potentially relevant electronically stored information (ESI). In a worst case scenario, they may be overwhelmed by volumes of data involved and lose sight of the actual merits of the case against them.While e-discovery is by nature a reactive process, legal teams can – and should – be leveraging their ESI for strategic legal purposes. Ideally... Read More

Deployment Flexibility a Key E-Discovery Technology Consideration

Created on August 21, 2012


When organizations consider investing in e-discovery technology, a major question that must be addressed is,“how will the system be deployed?" There is no “best" deployment model. Every organization is unique, and the software deployment choice must reflect their specific needs and environment. Many organizations have limited IT resources available to implement and manage new applications. IT must always balance the requirement to meet the needs of lines of business, such as legal, while minimizing operational costs, preserving data security and working within the constraint of available staff resources. Some organizations have moved... Read More