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.

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

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