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.

Dodd-Frank's Impact on Mobile E-Discovery and More News and Trends of the Week

Created on July 8, 2013

eDiscovery Journal: Will Dodd-Frank Requirements Drive Mobile eDiscovery?Law Technology News: Recent Decisions Focus on Duty to Preserve ESI and MetadataInsideCounsel: The lineage of recent preservation failuresBall in your court: What is Native Production for E-Mail?ACEDS: Can you get your e-discovery service provider when you need it? Electronic Discovery Law: No Sanctions for Deletion of Email Folder belonging to "Perhaps the Key Witness" Absent Evidence of Prejudice   Read More

New Survey Sheds Light on Tech Adoption by In-House Counsel

Created on July 3, 2013

Lawyers aren't exactly known for being on the cutting edge when it comes to adopting the latest and greatest technologies. But according to a new survey, corporate law departments have largely embraced the mobile device phenomenon and are showing serious signs of modernization.Legal technology writer Alan Cohen recently summarized Corporate Counsel's 2013 In-House Tech Survey. Among the noteworthy findings, 76% of corporate law respondents reported that legal staff at their companies can bring in and use their own mobile devices.On the one hand this is very encouraging news. Advanced mobile devices, like... Read More

The Risks of Not Having a BYOD Policy and More E-Discovery News of the Week

Created on July 1, 2013

Law Technology News: Not Having a BYOD Policy Can Get ExpensiveBow Tie Law's Blog: Family Law & Social Media ESIeDiscovery Journal: eDJ Market Analysis on Legal Hold NotificationElectronic Discovery Law: When is an Adverse Inference Instruction Not a Sanction?TERIS Sophisticated Litigation Support Blog: DOJ Approves Use of Predictive Coding in a Proposed Merger Document ReviewACEDS: Law firm sued for e-discovery malpractice fights insurer in battle over coverage Read More

Inspecting Your Opponent's Database During E-Discovery, When Can You Do It?

Created on June 27, 2013

Director of Marketing at Exterro

In some cases, being overly aggressive in pursuit of specific e-discovery terms is unproductive and bogs down the e-discovery process. Case in point is Carolina Bedding Direct, LLC v. Downen (M.D. Fl. June 4, 2013) in which the plaintiff's renewed an emergency motion to inspect the defendant's databases. The court in this case denied the plaintiff's request based on two factors: (1) “Rule 34 does not grant unrestricted access to a respondent's database compilations," and (2) the plaintiff failed to prove that the defendant was non-compliant in responding to the plaintiff's discovery... Read More

Vendors Can Be On The Hook For E-Discovery Delays Too

Created on June 21, 2013

Guest post by Samir Mathur, J.D. Last month, the U.S. District Court in the Northern District of California issued an order in the case of Nuance Communications Inc. v. Abbyy Software House, et al. The underlying dispute concerns patent infringement, and the recent order concerned, among other things, Abbyy’s motion for summary judgment, and the plaintiff’s “motion for attorneys’ fees and costs as part of discovery sanctions.”Nuance argued that, due to “the late production of relevant documents from Abbyy”, it was entitled to sanctions. Abbyy, an electronic discovery vendor, defended itself by... Read More

Do Permissive Adverse Inference Instructions Require a Finding of Fault? No Says the 2nd Circuit

Created on June 20, 2013

Director of Marketing at Exterro

In a recent blog post, GC's Beware: Internal Communication Breakdowns Lead to E-Discovery Sanctions, the Northern Illinois District Court (in the 7th Circuit) identified an alternative avenue outside of bad faith, based solely on fault to justify a permissive adverse inference instruction. In a case not involving e-discovery, the 2nd Circuit Court of Appeals went a step further. Not only did it not require a finding of fault to order a permissive adverse inference instruction, the court also stated that such an instruction “is not a sanction." In Mali v. Federal Insurance... Read More

E-Discovery Practitioners Look on as EU Debates New Data Privacy Regulation

Created on June 18, 2013

Cross-border e-discovery continues to be a hot topic in e-discovery. Gartner identified growing awareness of e-discovery issues in Europe and Asia as one of the significant drivers of e-discovery software market growth in its new 2013 Magic Quadrant for E-Discovery Software.No topic in the arena of international e-discovery has garnered more attention than the upcoming European Union (EU) General Data Protection Regulation (GDPR), due out sometime next year. The regulation is currently being debated by the European Commission, the executive body of the EU responsible for proposing legislation, implementing decisions and day-to-day... Read More