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.

Best Practices for Releasing Litigation Holds and More E-Discovery News and Resources from the Last Week

Created on March 25, 2013

Law Technology News: When to Release a Litigation HoldInside Counsel: Shock and awe e-discovery: combating asymmetrical costse-Discovery Team: Three-Cylinder Multimodal Approach To Predictive CodingBall in Your Court: Are Documents Containing Agreed-Upon Keywords Responsive Per Se?E-Discovery Law Alert: An International Standard for E-Discovery?eLessons Learned: Hath No Fury Like A Scorned Employer: Using Discovery As A Weapon Read More

Defendant’s Proportionality Argument Saves $120,000+ in E-Discovery Costs

Created on March 20, 2013

Director of Marketing at Exterro

Throughout the course of a day, everyone is presented with choices. As a result, subconsciously each one of us performs multiple cost-benefit analyses every day. Go for a run or sit on the couch? Take the stairs or the take the elevator? We continuously weigh the pros versus the cons when making decisions.This same kind of cost-benefit analysis is conducted by courts, which is called a proportionality analysis. Under Federal Rules of Civil Procedure (FRCP) 26(b)(1), “A court may limit discovery of relevant material if it determines that the…burden or expense of... Read More

Reduce E-Discovery Costs by Accessing Opposing Party's Database

Created on March 14, 2013

Director of Marketing at Exterro

When formulating e-discovery requests, parties have the right to seek production (through inspection, copy, test or sample) of all relevant, non-privileged electronically stored information (ESI). Beyond the obvious, parties are also entitled another opportunity, under Federal Rules of Civil Procedure (FRCP) 34 (a)(1), to access an opposing parties database for identifying relevant ESI. This access is only available in limited situations and, according to the FRCP's advisory notes, “is not meant to create a routine right of direct access to a party's electronic information system, although such access might be justified in... Read More

Legal Hold Still the Foundation of a Defensible E-Discovery Process

Created on March 12, 2013

With all the talk surrounding new e-discovery technologies, like predictive coding, you might think organizations have the legal hold problem solved. In reality, that's far from the case. In fact, surveys continue to show that managing legal holds remains among the most vexing of e-discovery challenges.One analyst firm that has been paying heed to the legal hold need is the eDJ Group. Lead eDJ analyst Barry Murphy predicts that 2013 will be the year of legal hold management. Murphy correctly looks at legal hold processes as a barometer for measuring an organization's... Read More

U.S. Government Sanctioned for “Lackadaisical Attitude” in Legal Holds

Created on March 8, 2013

Director of Marketing at Exterro

All organizations have a duty imposed by common law to preserve all potentially relevant electronically stored information (ESI) when litigation is reasonably anticipated or foreseeable. This duty is not limited to just corporations; it applies to every organization, including LLCs, LLPs, small businesses, non profits and even the federal government. When addressing how to meet this duty to preserve ESI, larger organizations typically have more legal hold obstacles than their smaller counterparts based on the higher likelihood of increased litigation volumes.For these larger organizations, the biggest legal hold obstacles are usually the... Read More

The Increasing Role of E-Discovery in Government Investigations

Created on March 4, 2013

A “bet the company" lawsuit can impose overwhelming e-discovery challenges on corporate legal teams. Though they aren't as widely discussed, government investigations can present organizations with equally maddening e-discovery burdens.Allison Stanton, director of e-discovery at the FOIA and Records for the Civil Division of the United States Department of Justice (DOJ), discussed the e-discovery implications of government investigations in an insightful interview with The Metropolitan Corporate Counsel magazine.The first thing to understand is the tremendous scope of investigatory activities. According to Stanton, in 2012 the DOJ secured $4.9 billion in settlements and... Read More

Changes to California Code of Civil Procedure and More E-Discovery News of the Week

Created on March 4, 2013

Law Technology News: Changes to California Code of Civil ProcedureInside Counsel: E-discovery: You can’t blame third parties for e-discovery errorse-Discovery Team: The Many Types of Legal Search Software in the CAR Market TodayBow Tie Law's Blog: Hands-on eDiscovery: California Seminar on Responding to Discovery RequestseLessons Learned: Intra-Office E-mails: What Used To Be Unreported Office Gossip Now Potentially Exposes Companies to LiabilityESI Bytes: Over Processing of ESI and The Microsoft Letter – Part 2 Read More