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.

Experts Consider E-Discovery Implications of New ABA Ethics Rules Amendments

Created on September 5, 2012


For years, lawyers have not only embraced their Luddite ways, they've touted them as a point of pride. It has been argued that the practice of law is by nature one of thoughtful investigation and analysis, not naturally suited for the fast-paced, ones and zeros world of computers. Many lawyers still prefer legal pads over iPads, written letters over email. However, there is little doubt even by the most ardent of legal traditionalists that technology has and will continue to transform the legal profession. Recognizing this evolution, the American Bar Association (ABA)... Read More

E-Discovery Sanctions: When to Hand Out the Ultimate Punishment, Default Judgment

Created on August 29, 2012


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District courts are vested with the inherent power to impose sanctions against parties for e-discovery violations. In most cases, this means handing out monetary sanctions but in some, more severe cases adverse jury instructions may be awarded against the faulty party. But what happens when a party's conduct is so egregious that it warrants a case dispositive sanction, a default judgment? Rare as they may be, courts do not consider default judgments off the table as evidenced in Equal Employment Opportunity Commission (EEOC) v. Fry's Electronics, Inc. (W.D. Wash. July 3, 2012).In... Read More

Moving from Reactive “Fire Drill” to Proactive Intelligence in E-Discovery

Created on August 28, 2012


It's the classic 21st century litigation nightmare: defense counsel is faced with a daunting discovery request from the opposing side. Ill prepared legal teams may have to scramble to identify key custodians, and locate and lock down potentially relevant electronically stored information (ESI). In a worst case scenario, they may be overwhelmed by volumes of data involved and lose sight of the actual merits of the case against them.While e-discovery is by nature a reactive process, legal teams can – and should – be leveraging their ESI for strategic legal purposes. Ideally... Read More

Deployment Flexibility a Key E-Discovery Technology Consideration

Created on August 21, 2012


When organizations consider investing in e-discovery technology, a major question that must be addressed is,“how will the system be deployed?" There is no “best" deployment model. Every organization is unique, and the software deployment choice must reflect their specific needs and environment. Many organizations have limited IT resources available to implement and manage new applications. IT must always balance the requirement to meet the needs of lines of business, such as legal, while minimizing operational costs, preserving data security and working within the constraint of available staff resources. Some organizations have moved... Read More

Fry's Electronics Facing More E-Discovery Sanctions and Other News of the Week

Created on August 20, 2012

eDiscovery Daily: Doug Austin, of Cloud Nine Discovery, reports on new e-discovery sanctions for Fry's Electronics in a sexual harassment case here.Law Technology News: Consultant Sean Martin examines how IT trends within the business world are changing the way organizations approach electronic discovery here.Inside Counsel: Wayne Wong, from the Kroll Ontrack ESI Consulting group, explains that an effective e-discovery policy combines technology with human analysis here.Bow Tie's Law Blog: Attorney Joshua Gilliland posts two video presentations on e-discovery production requirements here.eDiscovery Journal: eDJ Group analyst Greg Buckles looks at the increasing role... Read More

ADT v. Pinnacle: Make Your ESI Requests Clear the First Time

Created on August 9, 2012


By  Scott Giordano, Esq. (Guest Writer)It seems like basic e-discovery advice, but it bears repeating:  ask for the specific ESI you want in your requests for production, or risk losing them.  In this contract dispute matter between security services provider ADT and defendant Pinnacle Security, also a security services provider, ADT objected to a denial previously issued by Magistrate Judge Young B. Kim for additional ESI production by Pinnacle.  The order also directed the parties to resolve one of their e-discovery disputes via a meet and confer.  The objections to that denial... Read More

Getting the Scoop on De-dupe

Created on August 7, 2012


De-duplication is a critical e-discovery process for reducing data volumes in advance of attorney review and reducing overall costs. Computer hashing has become the most common way to identify duplicate files. A computer hash is an encryption algorithm that generates a unique value to identify a particular computer file. Hashing serves two main purposes in e-discovery. First, it helps authenticate the data. Any changes to a document result in a changed hash value, thus exposing any attempts to manipulate potentially relevant evidence. Secondly, hashing is used for file identification. Since a hash... Read More