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.

The ABCs of ECA

Created on February 21, 2012

E- Discovery expert Craig Ball noted in a recent article that early case assessment (ECA) is a legal process that significantly predates electronic discovery. While Ball is certainly correct, the explosive growth of electronic stored information (ESI) has propelled e-discovery to the forefront of early case planning and strategizing.Attorneys Elleanor Chin and Bob Rohlf examined ECA on a recent webcast, De-Mystifying Early Case Assessment (ECA) for Cost-Effective E-Discovery. Here are some of the highlights... ECA is a two-step process: A true ECA process comprises both an early data assessment (EDA) and an analysis... Read More

Distinguishing True E-Discovery Platforms from the Growing List of Pretenders

Created on February 15, 2012

Every year, a handful of buzzwords emerge from LegalTech that permeate the industry for a number of months before the next batch takes their place.  Not surprisingly, “predictive coding" and “e-discovery in the cloud" were among the hot topics at this year's conference.  Somewhat less expected was the prevalent chatter surrounding e-discovery platforms.Every vendor seems to offer an e-discovery platform these days. Walking up and down the vendor isles at LegalTech, one could seemingly spot the word “platform" on marketing materials and booths almost as frequently as “e-discovery."What comprises a Platform?A true software... Read More

Pippins v. KPMG Ruling Affirmed: What does this tell us about E-Discovery?!

Created on February 10, 2012

Vice President, E-Discovery

It's finally here, the Southern District of New York's court ruling on Pippins v. KPMG (S.D.N.Y. Feb. 3, 2012)! E-discovery pundits, bloggers and attorneys have anxiously awaited this decision, hoping it would add more clarity to questions surrounding proportionality, how 'key players' in a matter are defined, and what constitutes relevant evidence for preservation purposes.Judge McMahon did not disappoint, delivering a strong, deliberate opinion upholding the lower court's discovery order that KPMG preserve all existing hard drives. (Read about Judge Cott's lower court decision here). The primary theme in Judge McMahon's ruling... Read More

Live Blogging at LTNY: Session on Budgeting for E-Discovery

Created on January 31, 2012

Date/Time: 2:00 - 3:15 (EST), Tuesday, January 31, 2012Participants: David Horrigan, Analyst, The 451 Group; Mike Knight, Partner, Jones Day; Lisa Markey, VP, Information Risk Management, Barclay's Capital Session Description: Budgeting for eDiscovery: Exploring your Approach to Cost Control and TransparencyIn this session, key attributes were discussed that can reduce e-discovery costs and assist in litigation readiness for corporations, law firms and government entities.Highlights Discovery varies greatly between litigation and regulatory inquiries.  In litigation information flows both ways between each party, while in regulatory proceedings information only flows one way, towards the government. For law... Read More

Live Blogging at LTNY: Session on E-Discovery Tips for In-House Counsel

Created on January 31, 2012

Date/Time: 10:30 - 11:45 (EST), Tuesday, January 31, 2012Participants: Vincent Catanzaro, Global Discovery Manager, DuPont Legal; Ari Kaplan, Principal, Ari Kaplan Advisors; Lynn Looby, Managing Counsel, Director of The Discovery Expertise Committee, Dow Chemical Co.; Renee Meisel, Legal Director, Dell Inc. Session Description: Advice from Counsel - Top Legal Minds in the Country Share their eDiscovery TipsIn this session, best practices were offered on how corporate legal departments can shape and define their e-discovery programs by effectively predicting costs and navigating cross border concerns.Highlights To effectively create a corporate e-discovery program their needs to be: (1) The legal... Read More

Live Blogging at LTNY: Session on New E-Discovery Technologies to Utilize in a Law Firm

Created on January 30, 2012

Date/Time: 3:45 - 5:00 (EST), Monday, January 30, 2012Participants: Mark Brophy, Director of Information Technology, Rogers Townsend & Thomas, PC; Scott Christensen, Director of Information Technology, Edwards Wildman Palmer LLP, Eric Hunter, Director of Knowledge Management, Bradford & Barthel, LLP; Jim McCue, IS Manager, Rodney, Dickason, Sloan, Akin & Robb, P.A.; David Michel, Chief Information Officer, Burr & Forman Session Description: Six New Technologies You Should Know AboutIn this session, IT leaders present on six new technologies important for law firm IT operations, which include cloud computing, video conferencing to mobile devices, new VPN's... Read More

Live Blogging at LTNY: Session on Predictive Coding

Created on January 30, 2012

Date/Time: 3:45 – 5:00 (EST), Monday, January 30, 2012Participants: Daniel Garrie, Partner, FSRDG; and General Counsel, Pulse; Kathryn Goetz, Vice President of Litigation Discovery, Qualcomm; Maura Grossman, Counsel, Wachtell Lipton Rosen & Katz; Joel Mitnick, Partner and Co-Chair of eDiscovery Task Force, Sidley Austin LLP; Moderator: Warwick Sharp, Vice President, Equivio Session Description: More Predictive Than Ever: Predictive Coding, Predictive Costs, and Predictive Outcomes - New Techniques to Manage and Control Electronic Discovery In this session, a panel of four e-discovery experts discussed the emergence of predictive coding. They addressed the benefits... Read More