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.

Dispelling Five Popular Myths About E-Discovery Data Collection

Created on July 31, 2013

Despite the fact that the collection of electronically stored information (ESI) is a classic e-discovery practice, central to the exchange of evidence between parties in litigation, there is a lot of misinformation that gets thrown around regarding what courts are actually looking for in a defensible collection process. Though it's not always the case, many organizations take an overly cautious approach to collection that relies heavily on the involvement of IT professionals or outside service providers. Many popular collection methods, such as full bit-by-bit disk imaging, might help to ensure that potentially... Read More

ABA Requires Lawyers to Understand Technology and More E-Discovery News of the Week

Created on July 29, 2013

Inside Counsel: Leveling the Playing FieldBow Tie Law's Blog: Understanding the Scope of the Duty to PreserveLaw Technology News: ABA Requires Lawyers to Understand TechnologyElectronic Discovery Law: Stored Communication Act Does Not Apply to Unauthorized Access to Previously Opened Email E-Discovery Law Alert: Predictable? -- DOJ Approves Use of Predictive Coding in AB InBev-Grupo Modelo Merger Investigation Read More

Beware of BYOD and Text Messages in E-Discovery

Created on July 25, 2013

Director of Marketing at Exterro

For in-house legal departments, Bring Your Own Device (BYOD) and the increasing use of mobile devices to conduct business has created numerous new corporate e-discovery preservation risks. These devices (iPhones, tablets, etc.) exist in the "wild" beyond the control of corporate networks, which from a risk management standpoint should sound off alarms. What creates this risk? It comes from a lack of visibility/control over devices used for work and not having immediate access to search and quickly extract potentially relevant electronically stored information (ESI) in the face of anticipated or pending litigation/regulatory... Read More

Aligning E-Discovery Software and Data Management with Enterprise Security Requirements

Created on July 23, 2013

Over the next several weeks, “E-Discovery Beat" will be running a series of articles on e-discovery issues that are of particular interest to IT professionals. In this first installment, we explore the important role data security plays in the design and function of e-discovery data management technology.Data security has emerged as a major consideration for organizations looking to purchase e-discovery software. The nature and sensitivity of the electronically stored information (ESI) handled within software system makes it imperative that IT align system security requirements with those that are already in place for... Read More

Overcoming the E-Discovery ‘Fear Factor’ in Government Investigations

Created on July 16, 2013

Any organization that has been the subject of an SEC investigation or received an administrative subpoena from a government agency will attest to the fact that being compelled to turn over documents isn't a whole lot of fun. However, the reality is that many of the processes that organizations rely on to fulfill these requests are the same ones routinely used when responding to e-discovery requests during civil litigation, with a few important distinctions.The topic of investigation-related e-discovery was the subject of Exterro's recent webcast “E-Discovery Challenges in Responding to Regulatory Demands."... Read More

Relevancy of Social Media Varies Depending on the Type of Claim

Created on July 12, 2013

Director of Marketing at Exterro

In almost any litigation concerning worker discrimination or product liability there is bound to be a request for social media information. And as e-discovery case law has shown, the standards for producing social media information are the same as for any other type of electronic information. The information requested must be relevant, non-privileged and not overly broad. But does that analysis change based on the nature of the claim (physical or emotional)? The answer is yes according to the Eastern District of New York in Giacchietto v. Patchogue-Medford Union Free School District... Read More

Bracing for the E-Discovery Dangers of BYOD

Created on July 9, 2013

The full version of this article is available on CMSWire.com here.By: Ajith Samuel, Executive Vice President of Process Innovation, Exterro, IncIn today’s fast-paced business environment, companies are increasingly permitting their employees to use their own devices, such as smart phones and iPads, to perform business functions. Known as Bring Your Own Device (BYOD), this trend has revolutionized employee work habits. According to a recent survey by Cisco, 42 percent of employees own the personal mobile device used for work purposes. From a purely business perspective, the impact of BYOD has been largely... Read More