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.

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

“Carelessness” Can Warrant E-Discovery Sanctions

Created on March 1, 2013

Director of Marketing at Exterro

When a party fails to preserve potentially relevant evidence, what level of culpability must be found for e-discovery sanctions to be warranted?The short answer is “it varies." The level of culpability required to hand out e-discovery sanctions, such as adverse inference instructions or exclusion of evidence, varies dramatically from one federal circuit to another. For example, the 7th Circuit court (Indiana, Illinois & Wisconsin) requires a finding of “bad faith" to support an adverse inference instruction. In other circuits this burden is much lower. Case in point, in the 1st Circuit (Maine... Read More

Experts Weigh in on the Future of Predictive Technologies in E-Discovery

Created on February 26, 2013

A year or two ago, any discussion surrounding the future of predictive technologies in e-discovery was usually met with a high degree of skepticism. How could a machine be trusted to replicate the judgment of a trained lawyer?Fast forward to last month's LegalTech New York conference and attitudes have clearly evolved (although there still doesn't seem to be consensus on what to call predictive products). Skeptics have largely come around to recognize the value of predictive analytics in e-discovery or, stated another way, have come to recognize the futility of applying traditional... Read More

Join E-Discovery Beat's New Linkedin Group

Created on February 20, 2013

Beyond blogging, the E-Discovery Beat wanted to create a two-way street to facilitate thought leadership and collaboration between e-discovery practitioners and scholars.In hopes of establishing such a forum, we created a new Linkedin group, titled appropriately, E-Discovery Beat. This group will provide a medium to discuss and share information and resources to help fellow in-house legal and IT teams tame the chaos of e-discovery. Join now to start engaging in the conversation! We look forward to collaborating with all of you!    Read More

Interview with Attorney and E-Discovery Expert Susan Nickle

Created on February 19, 2013

The E-Discovery Beat had a chance to speak with attorney and e-discovery expert Susan Nickle at last month’s LegalTech conference in New York. Nickle practices law with Wortzman Nickle Professional Corporation based in Toronto, Ontario. The firm focuses on providing legal advice regarding e-discovery, litigation readiness, records management policies, and litigation management to law firms and corporations.We caught up with Susan shortly after she presented in a session on early case assessment and information governance strategies. Here is an excerpt of the conversation:E-Discovery Beat: You and the rest of the speakers during... Read More