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.

Overcoming IT Limitations with a Cloud-Based E-Discovery Solution

Created on April 3, 2014

Cloud-based e-discovery has received so much attention of late that it's easy to forget that it's still a relatively new phenomenon. Companies are still assessing the potential pros and cons of the cloud deployment model.A recent ABA Journal article calls attention to the fact that in addition to the commonly-cited benefits of cost transparency, faster deployments and more frequent software updates, the cloud gives organizations that lack robust IT departments another option for insourcing e-discovery because, as the article states, “all the hardware and software installation logistics are sidestepped."The ABA Journal quotes... Read More

Avoiding Privacy Landmines in Cross-Border E-Discovery

Created on March 27, 2014

Cross-border e-discovery often places organizations in the precarious position of choosing to violate the law of the U.S. or abroad. The increasingly globalized world economy and the proliferation of electronic data have made an already daunting challenge even more acute. Global organizations have no choice but to proactively approach the use of electronically stored information (ESI) in its foreign operations with a combination of human expertise and technological innovation. That's the view expressed in a new white paper, “Protecting Privacy in Cross-Border Litigation," by Scott Giordano, Exterro's corporate technology counsel. In it... Read More

Bracing for the E-Discovery Dangers of Employee Status Changes

Created on March 25, 2014

By: Ted Gary, Sr. Product Manager, ExterroThe following article was originally published in KMWorld.Employee departures and other status changes are an unavoidable business reality. The Society of Human Resources Management (SHRM) estimates that the average annual rate of employee separations from an organization is 13 to 15%. When departmental transfers and prolonged leaves of absence, such as maternity leaves or sabbaticals, are factored in, the rate of employee "movements" that occur each year is probably closer to 20%. It is not uncommon for large organizations to experience 30 or more actionable employee... Read More

Texting is Dangerous - on the Road and in E-Discovery

Created on March 19, 2014

Director of Marketing at Exterro

Probably second only to emails, text messages have emerged as one of the key data sources to prove or disprove a legal claim. While this may be a plus for litigators trying to persuade a jury, text messages have presented an alternative e-discovery challenge: How to preserve potentially relevant text messages before they are deleted?Calderon v. Corporacion Puertorrique a de Salud (D.P.R. Jan. 16, 2014) underscores the serious consequences of failing to meet this important preservation obligation. In this employment discrimination case, the plaintiff deleted 38 relevant text messages in anticipation of... Read More

Key Takeaways from New E-Discovery Preservation Survey

Created on March 19, 2014

Data collection and attorney review tend to get a bulk of the blame for contributing to rising e-discovery costs. However, a new survey commissioned by the Civil Justice Reform Group and conducted by Professor William H.J. Hubbard from the University of Chicago Law School reveals that preservation is responsible for its own share of cost burdens. Among the largest of the 128 companies that participated in the “Preservation Costs Survey," preservation costs range as high as $40 million per year! These costs stem from a variety of sources, according to the survey's... Read More

The Impact of Information Governance Trends on E-Discovery Practices in 2014

Created on March 13, 2014

Director of Marketing at Exterro

While information governance (IG) may be a gigantic, broad category, GCs and CIOs were hit with a startling realization: For their organizations to significantly reduce e-discovery costs they must proactively manage electronic information at an enterprise level. This starts with information governance.David Rohde, Esq., Senior Director, Consulting Services at Epiq Systems, works hand in hand with large organizations to create processes to proactively manage information and governance policies to maintain legal defensibility, all while reducing e-discovery costs. David will be presenting on Exterro and Epiq Systems' upcoming complimentary CLE-accredited*, Information Governance &... Read More

Are We at a Privacy Protection Tipping Point?

Created on March 11, 2014

Scott M. Giordano Following is a guest post by Scott M. Giordano, Exterro’s corporate technology counsel, who attended the International Association of Privacy Professionals’ (IAPP) Global Privacy conference last week in Washington, D.C. I attended the International Association of Privacy Professionals’ (IAPP) Global Privacy conference last week and noted in my previous post on the Thursday keynote session that one of speaker David Brin’s predictions may have been right on the mark. Brin, the author of 1998 work The Transparent Society, argues that the pervasiveness of surveillance technology will eventually eliminate... Read More