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.

HIPAA and Social Media in E-Discovery and More E-Discovery News of the Week

Created on August 12, 2013

Bow Tie Law's Blog: HIPAA & Social Media in DiscoveryLaw Technology News: Kansas Task Force Issues District Court E-Discovery GuidelinesInside Counsel: Sekisui Am. Corp. v. Hart: The elusiveness of the adverse inferenceBall in your court: 10 E-Discovery Tips for JudgesAssociation of Certified E-Discovery Specialists (ACEDS): Of production, privilege, and petabytes: The evolving possibilities of TAR     Read More

"Rogue" Custodians Shouldn't Scare Legal Teams into a Collect Everything Approach

Created on August 9, 2013

Director of Marketing at Exterro

In Barrette Outdoor Living v. Michigan Resin Representatives (E.D. Mich. Aug. 1, 2013), the plaintiff filed a motion for sanctions against the defendants, in particularly John Lemanski, regarding his alleged intentional deletion of electronically stored information (ESI). The district court referred the motion to a magistrate judge for review. The magistrate judge issued a report finding that Lemanski had deleted ESI in bad faith and recommended that the court grant the plaintiff's motion in part for e-discovery sanctions, which included court expenses and fees for $35,000 and an adverse inference instruction..According to... Read More

Choosing the Right E-Discovery Software Deployment Model

Created on August 6, 2013

This is the second post in our series on e-discovery issues that are of particular interest to IT professionals. In the first installment, we explored the important role data security plays in the design and function of e-discovery data management technology.In the past, deploying e-discovery software meant bringing a tool in-house and hosting it behind the company firewall. The emergence of cloud computing and other technological innovations have presented organizations with new deployment models and much greater flexibility in how they access and manage their software investments. In recent years, the software... Read More

Where There is Smoke, There Isn’t Necessarily Fire in E-Discovery

Created on August 1, 2013

Director of Marketing at Exterro

An email folder, from a key custodian, deleted after the duty to preserve potentially relevant electronically stored information (ESI) was triggered and tried before a court out of the Southern District of New York…All of these factors normally result in e-discovery sanctions, including at least an adverse jury instruction and/or monetary sanctions. But the opposite result occurred. In Sekisui America v. Hart (S.D.N.Y. June 10, 2013), the court declined to issue sanctions against the plaintiff based on the defendants failing to prove that the deleted email folder included relevant ESI.In Sekisui, the... Read More

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