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.

New Survey Indicates Global 250 Interested in Legal Hold and Collection Tools and More E-Discovery News of the Week

Created on October 1, 2012

eDiscovery Times: eDiscovery Solutions Group (eDSG) CEO and senior analyst Charles Skamser analyzes a recent survey revealing that Global250 companies are most interested in investing in legal hold and collection tools over the next twelve months here.e-Discovery Team: E-Discovery attorney Ralph Losey announces the launch of EDBP.com, a new reference of e-discovery best practices for practicing attorneys and paralegals here.Inside Counsel: Attorneys Joseph Fogel and Todd Ohlms, partners at Freeborn & Peters, provide tips on how in-house counsel can turn the tables during e-discovery here.eDiscoveryJournal: eDiscoveryJournal Contributor Karl Schieneman recaps last week's ARMA... Read More

Utilize FRE 502 to Protect Privileged Information from Waiver

Created on September 27, 2012


Director of Marketing at Exterro

With rapidly increasing data volumes, a primary challenge facing legal team is how to protect against the inadvertent production of privileged information during discovery. Case in point is Inhalation Plastics, Inc. v. Medex Cardio-Pulmonary, Inc. (S.D. Ohio Aug. 28, 2012). In this case, the court ruled that the defendant, Medex Cardio-Pulmonary, waived its attorney-client privilege in regards to 347 pages of inadvertently produced emails due to defendant failing to meet the requirements under Federal Rules of Evidence (FRE) 502(b).According to FRE 502(b) the production of privileged information does not act as a... Read More

Getting the Most Out of Your Legal Hold System

Created on September 25, 2012


With so much attention focused right now on advancements in search and review technology, many people are overlooking the rapid maturity of legal hold technology. In the last few years, legal hold products have evolved from rudimentary email notification systems to dynamic, multidimensional applications that can be used for managing legal holds as well as a variety of other e-discovery tasks. And even though the courts are paying attention, survey after survey continues to show that many organizations are not fully utilizing the technologies. In his recent article Signs Of Information Governance... Read More

The Hanover Insurance Company Awarded Exterro Fusion Implementation of the Year at inFusion12

Created on September 14, 2012

Linda Luperchio of Hanover holds up the Fusion Implementation of the Year Award.Each year, the Exterro Client Success team recognizes a leading customer and its project team as a way to honor their journey and pursuit of excellence in e-discovery. The Hanover Insurance Company was awarded this year's Implementation of the Year at Exterro's inFusion12 user conference. David Hartmann, Exterro's director of client success presented the award to Linda Luperchio, Hanover's director of information lifecycle management. The Hanover team was recognized for effectively bringing various stakeholders into the implementation process and their... Read More

Penthouse Case Sheds Light on Discoverability of Social Media Messages

Created on September 7, 2012

By: Bob Rohlf, Esq., E-Discovery Counsel, ExterroThe fact assertions in a case from the Southern District of New York provide a titillating read, but a recent discovery order proceeding from that case illustrates solid judicial reasoning in grappling with the new technologies of social media.The case In re: Penthouse Executive Club: Compensation Litigation arose from complaints by exotic dancers that the Penthouse Executive Club violated labor laws by failing to pay for overtime. The strippers also complained that, as a result of pinching dancers' tips and charging dancers fees to entertain customers... Read More

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


Director of Marketing at Exterro

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