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.

Limiting Over-Preservation While Preserving Defensibility in E-Discovery

Created on May 14, 2012


As reported recently by edJ Group analyst Barry Murphy, one of the most common problems organizations face in e-discovery is over preservation. Not only are many organizations preserving more data than needed within single e-discovery projects but, as cases are resolved, they are often failing to dispose of data when it becomes legally permissible to do so. There may be several reasons for this trend.As I wrote last week, the cost of storing data has plummeted in recent years, so keeping unneeded data around is no longer the cost burden it once... Read More

Reducing E-Discovery Costs and Risks through Data Reuse

Created on May 7, 2012


As organizations look for ways to reduce e-discovery costs, one of the areas that has garnered considerable attention is data reuse. For many organizations, the process of identifying and preserving potentially relevant electronically stored information (ESI) starts from scratch with each new legal action. This approach fails to account for the fact that many lawsuits are related and, therefore, may involve much of the same ESI. What's collected for one matter could be leveraged across multiple matters.This reality has prompted a movement away from disparate e-discovery applications and has given rise to... Read More

On-Demand Webcast - E-Discovery Case Law Wake-Up Call: No regrets, just lessons learned...

Created on May 3, 2012

Almost half way through the year, 2012 has been filled with instructive e-discovery cases that are providing significant wakeup calls to legal teams. While the themes might be familiar – preservation triggers, cost shifting, cooperation, spoliation, etc. – it's the holes in the e-discovery process that are causing the alarms to go off.In this webcast, e-discovery attorneys David Cohen and Elizabeth Fitzwater highlighted the cases creating the biggest buzz in the industry and provided a “no regrets, just lessons learned" overview with key takeaways.Sample cases included: UPDATE: Pippins v. KPMG (S.D.N.Y. Feb... Read More

“Reasonableness” is Key When Assessing E-Discovery Efforts

Created on May 3, 2012


Director of Marketing at Exterro

Like most procedural laws guided by the Federal Rules of Civil Procedure (FRCP), one's actions need not be perfect. As Judge Waxse reminded his audience at LegalTech NY 2012, the standard in e-discovery isn't perfection, only reasonableness. In other words, courts aren't asking clients to get everything right every time; they're asking litigants to show that they made a reasonable effort to get it right.Even with Judge Waxse's endorsement, the term “reasonable" is loaded with ambiguity that leaves many parties scratching their heads; however, by analyzing case law, the definition of “reasonableness"... Read More

The Effects of the Newly Published E-Discovery Protocol on Federal Criminal Cases

Created on April 26, 2012


Director of Marketing at Exterro

When most people talk about e-discovery, it's discussed in the context of civil litigation. But with the creation of a new e-discovery protocol regulating e-discovery behavior in federal criminal legal matters, civil law's long-lost counterpart, criminal law, can no longer be neglected when it comes to e-discovery. Officially titled, “Recommendations for ESI Discovery Production in Federal Criminal Cases," the protocol is designed to address the emerging problem that electronically stored information (ESI) presents in criminal cases (e.g., social media, email, etc.).As the protocol states below there are numerous opportunities to streamline the... Read More

BREAKING NEWS! Spoliation of Evidence (e.g. Text Messages) Leads to the Arrest of a Former BP Engineer

Created on April 24, 2012


Director of Marketing at Exterro

As reported back in late March (see Re-purpose Your E-Discovery Process for Effective Regulatory Inquiries), organizations and their employees are being presented with additional e-discovery challenges when responding to regulatory inquiries outside the civil context, like the risk of criminal charges for obstruction of justice. Kurt Mix, former BP engineer, has become the next e-discovery poster child for non-compliance.Tuesday, Mix was arrested by the Department of Justice (DOJ) for two counts of obstruction of justice on charges of intentionally destroying evidence requested by federal criminal authorities investigating the April 20, 2010, Deepwater... Read More

E-Discovery Interview: Ralph Losey (Part 1)

Created on April 23, 2012


Few lawyers are more respected in the area of e-discovery than Ralph Losey. In addition to working as a partner at Jackson Lewis, he is a frequent blogger, writer and presenter on a host of e-discovery issues. Losey also teaches e-discovery courses at the University Of Florida College of Law. I recently had the privilege to speak with him as part of Exterro's e-discovery podcast series. We covered a wide range of e-discovery topics and issues. This first recap (Part 1) focused on Losey's passion for blogging, e-discovery education and proportionality as... Read More