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.

BREAKING NEWS! Florida State Courts Enact E-Discovery Specific Rules

Created on July 6, 2012

Director of Marketing at Exterro

What has become a common trend of late, Florida has joined 30 other states in adopting rules that specifically address e-discovery issues. Starting in September, Florida's new e-discovery rules will go into effect within its state courts. Home to 16 Fortune 500 corporations and 93,000 lawyers, Florida has revamped its rules of civil procedure to standardize guidelines to make e-discovery less costly and promote greater e-discovery education among judges and attorneys.The Federal Rules of Civil Procedure (FRCP) has served as a template for states wishing to incorporate their own e-discovery amendments. Florida... Read More

Assumptions of Spoliation Do Not Prove Spoliation

Created on July 4, 2012

Director of Marketing at Exterro

"Begin challenging your own assumptions. Your assumptions are your windows on the world. Scrub them off every once in awhile, or the light won't come in." – Alan AldaDuring e-discovery, each side makes assumptions of what may be returned from the other side. But even if those pre-existing assumptions do not hold true, don't automatically assume that the producing side destroyed, withheld or modified evidence. Legal teams, as many know, cannot assume facts or actions. In Omogbehin v. Cino (3d Cir. June 20, 2012), the plaintiff, Omogbehin, assumed spoliation of evidence occurred... Read More

Experts Spell Out E-Discovery Challenges in the Healthcare Industry

Created on July 3, 2012

Beyond the passage of “Obamacare" and last week's historic Supreme Court decision, the healthcare industry has experienced unprecedented change in recent years, resulting from a host of new regulations, technology advancements and an accelerated move from paper to electronic medical records. These developments have not only impacted the way people receive and administer care, they've also contributed a bevy of new e-discovery challenges. The topic was covered on a recent Exterro webcast “Healthcare's E-Discovery 9-1-1 Call: Preventing another e-discovery heart attack." Presenters Joshua Cohen, senior partner at Garson DeCorato & Cohen and... Read More

“Defensible E-Discovery”: What does the phrase really mean?

Created on June 28, 2012

Director of Marketing at Exterro

Corporate internal legal teams can learn a few things from the movie Fight Club. Tyler Durden (played by Brad Pitt), one of the main characters in the movie, creates and maintains a simple and clear overarching rule governing the club he creates: The first rule of Fight Club is: you do not talk about Fight Club The second rule of Fight Club is: you DO NOT talk about Fight Club! Even though the movie Fight Club may be fictional, legal teams should channel Tyler's focus and clarity to their e-discovery practices. Instead... Read More

George Socha on Early Data Assessment, E-Discovery Guidance from the Courts and His Latest Project: Apersee

Created on June 26, 2012

Last week, we posted Part 1 of my interview with EDRM co-founder George Socha. In the second part of our conversation, George addressed some of his work around early data assessment, the role courts play in providing e-discovery guidance and Apersee, his latest project designed to help customers select from e-discovery software and service providers. Following is a recap of our conversation (click here to listen to the full interview):Bartholomew: You recently authored a series of articles and led a webcast on early data assessment. How does early data assessment differ from... Read More

Judge Facciola Stands Up for Cooperation During E-Discovery

Created on June 20, 2012

Director of Marketing at Exterro

Sometimes people's actions cause their colleagues to stand up and take notice. In the sports arena, it might be dunking a basketball in the face of the opposing team's star player or winning the U.S. Open in golf on one leg (e.g. Tiger Woods in 2008). We have recently witnessed the equivalent to this within the legal world in Magistrate Judge John Facciola's recent opinion from Tayadon v. Greyhound Lines, Inc (D.D.C. June 6, 2012). In a rare move, Judge Facciola came outright and proclaimed that everyday adversarial gamesmanship between parties would... Read More

E-Discovery Luminary George Socha Talks About EDRM’s Sixth Year Kick-Off (Part 1)

Created on June 19, 2012

In the world of e-discovery, few people are as respected as George Socha. After litigating cases for nearly two decades, George founded Socha Consulting in 2003 to offer his services as an electronic discovery expert witness, special master, and adviser to corporations, law firms and their clients. That same year he teamed up with fellow attorney Tom Gelbmann to launch the Socha-Gelbmann Electronic Discovery Survey, an annual report which examined the direction, scope and size of the electronic discovery industry. In 2005, George and Tom founded EDRM to address the lack of... Read More