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.

Reasonable vs. Near Perfection: Court Rules for Tiered Predictive Coding Approach

Created on April 24, 2013

Director of Marketing at Exterro

Some is better than none. The court in In re: Biomet M2a Magnum Hip Implant Products Liability Litigation (N.D. Indiana, April 18, 2013) agreed with this sentiment regarding the defendant's back end e-discovery approach for employing predictive coding. The plaintiffs, a group of injured individuals, protested the defendant's, Biomet M2a, limited use of predictive coding and urged the court to order the defendant to re-do the discovery using predictive coding from beginning. The judge in the case, Robert L. Miller, was not persuaded. He ruled that the defendant's discovery process, which started... Read More

Insights from eDJ Group’s Dallas Legal Hold Boot Camp

Created on April 24, 2013

By Scott Giordano, Esq., Corporate Technology Counsel, Exterro Following is a guest blog from Exterro’s Corporate Technology Counsel Scott Giordano who recently presented on a case study and participated in eDJ Group’s Legal Hold Boot Camp, held last week in Dallas on April 18. An Emphasis on Legal Hold Principles Nearly a decade after Judge Shira Schindlin’s landmark ruling in Zubulake, properly establishing, maintaining and releasing legal holds remains elusive for many organizations. This may stem from the lack of any requirement in the Federal Rules of Civil Procedure (FRCP) with respect... Read More

Embracing In-Place ECA for More Proactive E-Discovery

Created on April 23, 2013

It is not uncommon to see early case assessment (ECA) grouped with the traditional EDRM stages, identification, preservation, collection and so on. Of course, ECA does not claim its own box in the ubiquitous EDRM model. Unlike the more action-based EDRM stages, ECA is a process unto itself, less defined by a specific activity than a series of steps that change with each project.A good ECA process typically involves an initial quantitative analysis of potentially relevant electronically stored information (ESI). Sometimes referred to as an early data assessment, this encompasses a quick... Read More

Potential E-Discovery Rule Changes and More News of the Week

Created on April 22, 2013

Law Technology News: Are We on the Cusp of Major Changes to E-Discovery Rules?Electronic Discovery Law: Volume, Expense Insufficient to Show ESI is Inaccessible, "Rather, the cost or burden must be associated with some technological feature that inhibits accessibility."e-Discovery Team: BORG CHALLENGE: The Complete ReportRide the Lightning: How Big Data is Helping in the Boston Marathon Bombing InvestigationACEDS: In case underlying e-discovery malpractice suit, company charges opposing lawyers with ‘embezzling’ records It-Lex: Disputed Search Terms – Beware Of The Booleans! Read More

Preservation Duty Triggers: Recent Case Law Adds to the Confusion

Created on April 18, 2013

Director of Marketing at Exterro

Since the 2006 amendments to Federal Rules of Civil Procedure, legal teams and the courts have struggled defining when the duty to preserve potentially relevant information is actually triggered. The accepted standard under Zubulake, when litigation is reasonably anticipated all parties have a duty to preserve potentially relevant evidence, does not define what “reasonably anticipated" actually means. Case law around this phrasing continues to provide little guidance and varies depending on jurisdiction. From New York to California In New York, the court in Voom HD Holdings LLC v. Echostar Satellite LLC... Read More

Experts Consider Real-World Versatility of Predictive Technologies in E-Discovery

Created on April 17, 2013

It's been less than a year since the first rulings were issued validating the use of predictive technologies in e-discovery. While review remains the predominant focal point in the predictive discussion, those who know the technology are well aware that it can be used for far more extensive purposes.During Exterro's recent webcast, Practical Predictive Intelligence for Proactive E-Discovery, moderator Barry Murphy, co-founder and principal analyst for eDJ Group, led a “moving beyond the hype" discussion focused around the real-world use cases for predictive technologies. The panel comprised Bennett Borden, a partner at... Read More

Six Big E-Discovery Blunders to Avoid and More E-Discovery News of the Week

Created on April 15, 2013

Law Technology News: Six Big E-Discovery BlundersThe Legal Intelligencer: Are Social Media Sites Discoverable?eLessons Learned: When Deactivating Your Facebook Account Becomes the Intentional Destruction of EvidenceNational Law Review: Warning to in-house Counsel: Be Careful When Responding to Demand Letters E-Discovery Law Alert: "Persnickety, Persistent" Questions: The Stored Communications Act Read More