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.

Recent Court Decisions Remind Legal Teams to Proactively Address E-Discovery Requirements

Created on November 1, 2012


Director of Marketing at Exterro

Reading, reviewing and analyzing e-discovery trends and best practices on a daily basis can make one forget that e-discovery is still a relatively niche field. While everyone, yes I mean everyone from corporate legal teams to private law firms to small businesses, will need to address how to manage and formulate a defensible e-discovery process, sometimes people within the e-discovery field need to step back outside the “e-discovery bubble." Even though e-discovery technology is moving ahead at a blistering pace (i.e. predictive technologies' ability to proactively cull document sets before attorney... Read More

Court Instructs Parties to Utilize Predictive Coding and Other E-Discovery News of the Week

Created on October 29, 2012

Electronic Discovery Law: K&L Gates bloggers weigh in on a Delaware judge's recent ruling instructing the parties to use predictive coding here.Inside Counsel: Attorney Alicia Faccone recaps a case where the court used the Federal Rules of Civil Procedure and Supreme Court precedent to justify cost-shifting here.e-Discovery Team: E-Discovery attorney Ralph Losey addresses a variety of topics including his new website of e-discovery best practices for attorneys here.Law Technology News: Michael Spencer, records and discovery manager for DISH Network and Diana Fasching, senior adviser with Redgrave LLP examine the complexities of targeting... Read More

BREAKING NEWS! Delaware Judge Becomes First to Mandate the Use of Predictive Technologies in E-Discovery

Created on October 26, 2012


As previously reported by the E-Discovery Beat, 2012 has seen a handful of cases where judges have permitted the use of predictive coding. Common in all these cases was one party requesting that the technology be used. Earlier this month, a judge in Delaware became the first to require both sides of a dispute to use predictive coding, even though neither party asked for it.Vice Chancellor J. Travis Laster in Delaware Chancery Court issued the historic order in EOHB, Inc, et al v. HOL Holdings, LLC, C.A. No. 7409-VCL (Del. Ch. Oct... Read More

Government Organizations can also be Sanctioned for Spoliation of Evidence

Created on October 25, 2012


Director of Marketing at Exterro

The threat of evidence spoliation doesn't only affect private parties but also extends to government organizations, such as cities or municipalities. Case in point is DMAC LLC and Fourmen Construction, Inc. v. City of Peekskill (S.D.N.Y Sept. 12, 2012). The district court ruled that the defendant, City of Peekskill, spoliated evidence by deleting relevant emails. This failure was due largely in part to the defendant not maintaining a “formal e-mail retention policy," which left “sole discretion" to the defendant's employees to decide for themselves whether to keep or dispose of emails. Along... Read More

Improving Computer-Assisted Review Competency and Other E-Discovery News of the Week

Created on October 15, 2012

e-Discovery Team: E-Discovery attorney Ralph Losey explains the importance of improving lawyers' competency when it comes to using computer-assisted review technologies here.Law Technology News: Vanessa Blum reports on a cyberattack case that could test limits on electronic searches here.Inside Counsel: Patent attorney Gregory Schodde discusses the usefulness of metadata for attorneys trying to establish context here.Electronic Discovery Law: K&L Gates bloggers analyze a recent case that exemplifies the importance of cooperation and proportionality in e-discovery here.E-Discovery Law Alert: Mara E. Zazzali-Hogan, director in the Gibbons Business & Commercial Litigation Department, examines a... Read More

Court Orders Monetary Sanctions of $625,000 For Defendant’s Spoliation of Evidence

Created on October 11, 2012

By: Michael Hamilton, J.D.Most e-discovery case law news surrounds activity concerning whether a court should approve a court order to compel discovery, but what happens if the court grants this order and the producing party subsequently fails to follow it? Federal Rule of Civil Procedure (FRCP) 37 helps answer this question. Primarily, FRCP 37 was enacted to allow parties to move for an order compelling disclosure or discovery, but it also sets the guidelines surrounding what punishments may be handed when a party fails to comply with a court order involving disclosures... Read More

On-Demand Webcast - New ABA Rule Amendments: Changing Attorneys’ Relationship with Technology

Created on October 10, 2012


In today's fast-moving digital age, competently and diligently representing clients means understanding technology, both its capabilities and limitations. Acknowledging this swiftly evolving legal landscape, the American Bar Association (ABA) recently approved new amendments to the Model Rules of Professional Conduct and associated commentary to address technology's growing role in the legal profession. Among other things, the amendments broadened the definition of client correspondence to include “electronic communication" and revised the definition of “competent representation" to include understanding the benefits and risks associated with technology.In this webcast, experts examined these new amendments and... Read More