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.

Proposed Discovery Amendments Move to Public Comment and More E-Discovery News of the Week

Created on June 10, 2013

Law Technology News: Proposed Discovery Amendments Move to Public CommentInsideCounsel: Litigation: Preservation obligations after a duty to preserve has been triggeredeDiscovery Journal: Will Your Legal Hold Hold Up To a Challenge?Electronic Discovery Law: Special Master Analyzes Privilege Search Terms, Addresses Objection that they were OverbroadE-Discovery Law Alert: NYC Teacher Nearly Loses Job Due to Facebook Comments About Her Studentse-Discovery Team: Guest Blog: Quick Peek at the Math Behind the Black Box of Predictive Coding Read More

GC’s Beware: Internal Communication Breakdowns Lead to E-Discovery Sanctions

Created on June 6, 2013

Director of Marketing at Exterro

What would happen if an organization's legal department fails to take any measures to suspend document retention policies that allows for key, potentially relevant electronically stored information (ESI) to be automatically deleted after receiving a demand letter and two preservation notices from a recently terminated employee? According to the court in Pillay v. Millard Refrigerated Servs. (N.D. Ill. May 22, 2013), that conduct is sanctionable. In Pillay, the court awarded a permissive adverse inference jury against the defendant for its failure to prevent the automatic deletion of relevant ESI when the defendant... Read More

Real World Perspectives on Legal Hold Software Requirements

Created on June 5, 2013

Technology vendors rarely need to be prodded into discussing their product features. Between the sometimes ambiguous product descriptions and idiosyncratic terminology, the actual purchasers of the technology don't always understand what they are getting or know how to articulate their needs in “vendor speak."For that reason, it is always refreshing to hear the perspectives of real-world users who can discuss the role of the software in the context of how it is actually used in practice. Attendees of Exterro's recent webcast Mandatory Requirements of Legal Hold Software were treated to such a... Read More

The Future of Search in E-Discovery

Created on May 29, 2013

Searching an enterprise for documents in response to an e-discovery request has devolved into something of an arms race with an aggressively growing diaspora of electronically stored information (ESI) on one side and constantly evolving search and retrieval technologies on the other. Many would argue that the ESI explosion – whether “regular" data or “Big Data" – has outpaced developments on the technology front. Part of the problem lies in the rapid rate of innovation in enterprise infrastructure. Addressing the introduction of email and Microsoft Office documents in the legal system (seemingly... Read More

EDRM Kicks Off 2013 Annual Meeting with an Eye Towards the Big Picture

Created on May 21, 2013

Earlier this month, EDRM held its 9th annual kickoff meeting in St. Paul, Minn. Bob Rohlf, Exterro’s E-Discovery Counsel, and Tom Cohen, Exterro’s Channel Manager, attended the meeting and spoke with the E-Discovery Beat editors about some of this year’s highlights.E-Discovery Beat: What is the purpose of the EDRM kickoff, and who takes part in the meeting?Rohlf: EDRM has two meetings per year, a spring kickoff and a fall progress meeting. The spring meeting is often the best attended. The purpose of the kickoff meeting is: Review the previous year’s progress by... Read More

Judge Scheindlin Orders Production of Documents from Bank of China and more E-Discovery News of the Week

Created on May 20, 2013

E-Discovery Law Alert: Judge Scheindlin Weighs Comity Concerns and Orders Production of Documents from Bank of China Despite Violation of Chinese LawsInside Counsel: Legal privilege and the challenge of technologyCorporate Counsel: 6 Things In-House Counsel Must Know About E-DiscoveryBow Tie Law's Blog: Meet & Confer at 10 PacesElectronic Discovery Law: For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding Read More

Case Law Clarity for Requesting Social Media ESI

Created on May 17, 2013

Director of Marketing at Exterro

In last week's post, “I Want Everything" Doesn't Work…Even For Social Media, I noted that there is an emerging trend around requesting complete access to personal social media accounts during e-discovery. This is problematic since these requests usually will go beyond the relevancy standard defined in the Federal Rules of Civil Procedure (FRCP). So the question becomes, what must a party do to successfully request access to social media data? The Middle District of Tennessee provided some clarity to help answer this question with a recent ruling in Holly Potts v. Dollar... Read More