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Resources to Learn E-Discovery in a Straightforward and Simple Manner

Created on July 28, 2011

Vice President, E-Discovery

Every now and again as I read through blog, magazine, and vendor articles I come across an e-discovery news source that offers unique, easy to comprehend, and useful content. Since mid May, I really haven't found a better e-discovery educational source than the E-Discovery Basics series, published by the national law firm, Gibson Dunn. For the past three months Gibson Dunn has showcased its expertise and superb writing skill in this informative set of articles on how e-discovery impacts both the legal and IT world.Gibson Dunn's latest publication, 2011 Mid-Year E-Discovery Update... Read More

The E-Discovery Implications of the News of the World Phone Hacking Scandal

Created on July 15, 2011

By now you're probably well aware of the phone hacking scandal that has taken down British tabloid giant News of the World (if you need a refresher, click here for a helpful time courtesy of the Telegraph newspaper).  The story recently created a stir in the e-discovery world when it was revealed that an executive with News of the World's parent company, News International, may have deleted millions of incriminating emails.As reported in the UK's Guardian Newspaper, the unnamed executive is alleged to have deleted files from an internal archive containing about... Read More

Issuing a Legal Hold: Some still don't know when to do it

Created on July 13, 2011

Vice President, E-Discovery

For five years, the 2006 amendments to the Federal Rules of Civil Procedure (FRCP) have been in effect, which in part extended the scope of litigation holds to electronically stored information. By now corporations, especially those dealing in interstate commerce should know and be familiar with these federal rules and what practices are needed to stay compliant. In 2008, the federal court set a judicial precedent that…“A party has a duty to preserve evidence when it knows, or should have know, that litigation was imminent."This standard seems pretty straightforward and simple. When... Read More

Defensible E-Discovery: The Importance of a Comprehensive and Repeatible Legal Hold Process

Created on July 8, 2011

Effectively managing legal holds is one of the key ingredients to a defensible and repeatable e-discovery process. Unfortunately, legal hold technology has become somewhat overshadowed in the market by emerging tools that address other elements of the EDRM with varying success. In fact, many e-discovery software companies don't even offer legal hold products, and those that do often treat them as nothing more than makeshift email notification systems with few, if any, advanced features.It was refreshing to see this topic addressed in a recent article by Ben Kerschberg, author of Forbes' insightful... Read More

Exterro a "Visionary" in Leading Analyst Firm's First Magic Quadrant on E-Discovery Software

Created on June 29, 2011

Portland, OR, June 28, 2011 - Exterro®, the legal industry's most trusted provider of e-discovery solutions, has been named a “visionary" in Gartner's first Magic Quadrant for E-Discovery Software*.The Gartner report evaluated “a vendor's ability to understand buyers' wants and needs and to translate that understanding into products and services….another key investment strategy for products is to consistently work on the simplification and ease of use of the toolset."  In keeping with that standard, Exterro delivers user-friendly solutions that treat e-discovery as a regular business process.  Exterro is a fully integrated suite... Read More

Sound E-Discovery: Attorney and E-Discovery Expert Marc Fulkert on the Important Role Custodians Play in the E-Discovery Process

Created on June 22, 2011

We continue our weekly e-discovery audio series with an excerpt from our interview with attorney Marc Fulkert. Marc is an Associate in Jones Day’s Columbus, Ohio office. He focuses on complex commercial litigation and devotes a significant portion of his practice to e-discovery issues. He has counseled clients on litigation hold issues, e-discovery readiness, and reducing e-discovery costs. Marc speaks frequently on a variety of e-discovery issues and is considered among the foremost experts on the topic. In this audio segment, Marc talks about the important role custodians and workflow play in... Read More

E-Discovery Malpractice: Major Law Firm Sued for Failure to Supervise Contract Attorneys

Created on June 16, 2011

Vice President, E-Discovery

J-M Manufacturing Company, Inc. v. McDermott Will & EmeryTake note law firms and in-house legal departments: outsourcing legal work may not transfer liability in electronic document review from the supervising party to the contracted party. On June 2, J-M Manufacturing (JM) sued its former representing legal counsel, McDermott Will & Emery for e-discovery legal malpractice, on the grounds that they produced 3,900 privileged documents in a pending lawsuit. JM's opposing counsel now refuses to return or destroy JM's privileged documents based on them waiving the attorney-client privilege by twice producing privileged documents... Read More