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.

An In-House Perspective on Taking Greater Control of the E-Discovery Process

Created on May 7, 2013

This is an excerpt from an interview published in the May issue of The Metropolitan Corporate Counsel. The editor of the magazine spoke with Jennifer Yeh, Corporate Counsel at MetLife, and Scott Giordano, Corporate Technology Counsel at Exterro about a variety of in-house discovery issues. Editor: E-Discovery continues to be a huge area of risk and cost for corporate legal teams. As such, do you see in-house counsel taking more control of the e-discovery process? If so, how and why?Yeh: In-house counsel are definitely taking more control of the e-discovery process. We... Read More

Liars are Losers…in the Court’s Eyes

Created on May 3, 2013

Director of Marketing at Exterro

The preservation duty in e-discovery has been greatly complicated by the added “e." Unlike the paper discovery age that allowed legal teams to collect physical data, the electronic age has made it increasingly difficult for counsel to know if all responsive information has been preserved. But no matter what age it is when employees lie about not having relevant data, court sanctions usually await. Case in point is George Kirgan v. FCA LLC (C.D. Ill. April 10, 2013). In this case, one of the defendant's key custodians repeatedly lied about having responsive... Read More

Recovering E-Discovery Costs and More E-Discovery News and Trends of the Week

Created on April 29, 2013

Inside Counsel: E-discovery: Are prevailing party costs for e-discovery vendors recoverable under 28 U.S.C. § 1920?Law Technology News: Indiana Federal Court OKs Jump-Start on Predictive Coding Bow Tie Law's Blog: How to Get A Judge to Say “Stern Measures Are Called For”e-Discovery Team: Predictive Coding’s Erroneous Zones Are Emerging Junk ScienceE-Discovery Law Alert: Federal Judge in New Jersey Issues Adverse Inference Instruction Due to Plaintiff's Failure to Preserve Facebook Information in Personal Injury ActionACEDS: The confluence of social media, lawyer liability and ethics Read More

Reasonable vs. Near Perfection: Court Rules for Tiered Predictive Coding Approach

Created on April 24, 2013

Director of Marketing at Exterro

Some is better than none. The court in In re: Biomet M2a Magnum Hip Implant Products Liability Litigation (N.D. Indiana, April 18, 2013) agreed with this sentiment regarding the defendant's back end e-discovery approach for employing predictive coding. The plaintiffs, a group of injured individuals, protested the defendant's, Biomet M2a, limited use of predictive coding and urged the court to order the defendant to re-do the discovery using predictive coding from beginning. The judge in the case, Robert L. Miller, was not persuaded. He ruled that the defendant's discovery process, which started... Read More

Insights from eDJ Group’s Dallas Legal Hold Boot Camp

Created on April 24, 2013

By Scott Giordano, Esq., Corporate Technology Counsel, Exterro Following is a guest blog from Exterro’s Corporate Technology Counsel Scott Giordano who recently presented on a case study and participated in eDJ Group’s Legal Hold Boot Camp, held last week in Dallas on April 18. An Emphasis on Legal Hold Principles Nearly a decade after Judge Shira Schindlin’s landmark ruling in Zubulake, properly establishing, maintaining and releasing legal holds remains elusive for many organizations. This may stem from the lack of any requirement in the Federal Rules of Civil Procedure (FRCP) with respect... Read More

Embracing In-Place ECA for More Proactive E-Discovery

Created on April 23, 2013

It is not uncommon to see early case assessment (ECA) grouped with the traditional EDRM stages, identification, preservation, collection and so on. Of course, ECA does not claim its own box in the ubiquitous EDRM model. Unlike the more action-based EDRM stages, ECA is a process unto itself, less defined by a specific activity than a series of steps that change with each project.A good ECA process typically involves an initial quantitative analysis of potentially relevant electronically stored information (ESI). Sometimes referred to as an early data assessment, this encompasses a quick... Read More

Potential E-Discovery Rule Changes and More News of the Week

Created on April 22, 2013

Law Technology News: Are We on the Cusp of Major Changes to E-Discovery Rules?Electronic Discovery Law: Volume, Expense Insufficient to Show ESI is Inaccessible, "Rather, the cost or burden must be associated with some technological feature that inhibits accessibility."e-Discovery Team: BORG CHALLENGE: The Complete ReportRide the Lightning: How Big Data is Helping in the Boston Marathon Bombing InvestigationACEDS: In case underlying e-discovery malpractice suit, company charges opposing lawyers with ‘embezzling’ records It-Lex: Disputed Search Terms – Beware Of The Booleans! Read More