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.

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

Apple v. Samsung: Having to Go Back to the E-Discovery Basics

Created on August 2, 2012

Director of Marketing at Exterro

“Old dogs won't learn new tricks." Sometimes old sayings hold true. Case in point is Samsung's conduct surrounding its past and still current email document retention policies. On July 24, 2012, Samsung was sanctioned for not taking adequate steps to avoid spoliation, making it the second time in less than 10 years that Samsung has been sanctioned for not turning off the auto deletion switch on its proprietary email system. In both cases, Apple v. Samsung Electronics Co., Ltd. (N. Cal. July 24, 2012) and Mosaid v. Samsung (D.N.J. 2004), the courts... Read More

Mergers and Acquisitions (M&A) Present Real E-Discovery Challenges

Created on July 31, 2012

There are a lot of inherent complexities involved when one company acquires another. There are a whole host of economic concerns along with a number of regulatory hurdles that must be overcome. An equally vexing challenge involves the handling of electronically stored information (ESI). While M&A (mergers and acquisitions) is a broad term that describes a number of different business arrangements, a typical scenario involves one company purchasing another and taking over its business operations, which necessitates the migration of ESI and integration of at least some systems. In most cases, certain... Read More