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.

Live Blogging at LTNY: Session on eDiscovery Mgmt. and Cost Mgmt.

Created on January 30, 2012

Date/Time: 10:30 - 11:45am (EST), Monday, January 30, 2012Participants: Kim-An Hernandez, Senior Counsel, International Paper; Anthony Knaapen, Manager, Litigation Discovery, Chevron; Meagan Thwaites, Counsel - CRM Legal Department, Boston Scientific Corp. Session Description: Standardizing Processes for Discovery Management and Cost Management - An ROI Your GC Can AppreciateIn this session, the three panelists discussed eDiscovery accountability, efficiency and effectiveness and how in-house, outside counsel, IT, and business units must understand the complexities of the eDiscovery process and the cost ramifications of it. Highlights Best way to start to build an e-discovery process is to first develop an e-discovery... Read More

Live Blogging at LTNY: Keynote Session & LTN Awards

Created on January 30, 2012

Date/Time: 9:00 - 10:00am (EST), Monday, January 30, 2012Participant: John Frank, VP, Deputy General Counsel, Microsoft Corporation  Session Description: Ethical Business in a Global Economy: Prevent Corruption and BriberyIn this session, John Frank outlined the current challenges and opportunities surrounding compliance programs to detect and prevent corruption and bribery by global businesses.Highlights The US Foreign Corrupt Practices Act (FCPA) is ranked by corporations as one of the top compliance priorities. In 2010, the US government issues over $4 billion in regulatory fines for corporate corruptive practices. In the global economy, bribery of foreign... Read More

E-Discovery and Justice Sotomayor’s Opinion: “Reasonable expectation of privacy” is an unclear standard in today’s digital age

Created on January 26, 2012


Vice President, E-Discovery

Under the 4th Amendment, the US Constitution acknowledges that individuals have a “reasonable expectation of privacy" but today's digital age has blurred the line of what is considered reasonable. While Congress has enacted the Stored Communications Act (SCA), U.S.C. 18 §§ USC 2701-12, there still is much confusion surrounding US privacy laws and what, when and how the SCA protects individuals. Supreme Court Justice Sotomayor's concurring opinion in US v. Jones reinforces that this confusion about US privacy rights are even being felt at the top of the judiciary branch.In U.S. v... Read More

J-M Manufacturing vs. McDermott, Will & Emory Joins List of Potential E-Discovery Game Changers

Created on January 24, 2012

By Bob Rohlf, Esq.A sideline to my work for Exterro involves staying on top of industry trends.  This often includes reading case decisions regarding e-discovery , to try to identify where critical processes were either handled appropriately or went astray.  Needless to say, there is no shortage of material for review.  The cases I most enjoy reading are what one might characterize as “game changers."   These cases add drama to the otherwise dry landscape of e-discovery law by setting new expectations or raising the bar. 2010's Victor Stanley, Inc. v. Creative Pipe, Inc.... Read More

Improving Collaboration Between Inside and Outside Counsel in E-Discovery

Created on January 24, 2012

Anybody involved in e-discovery knows that it's a complicated, time-consuming process involving a coordination of resources from cross-functional teams inside and outside the enterprise. A lack of coordination between teams can lead to missed deadlines, budget overruns, lost evidence and even sanctions (see our recent post on the J-M Manufacturing vs. McDermott, Will & Emory case here)In a recent webcast, Jessica Robinson, Sr. Firmwide Manager of eDiscovery resource management at Morrison Foerster and Chris Garber, eDiscovery Manager at Allergan shared their experiences as e-discovery project managers. Based on their different perspectives, they discussed how... Read More

Same Rules Apply to E-Discovery of Social Media as to All Electronically Stored Information

Created on January 19, 2012


Vice President, E-Discovery

Everyday millions of people post their status, pictures, videos, etc. on Facebook, and it goes without saying that most don't consider the legal ramifications of publicizing that information. Usually people think twice before signing a contract, reading and analyzing every provision prior to signing on the dotted line because they know the document is legally binding. Given the growing prevalence of social media evidence in civil litigation, people may want to start applying a similar thought process before posting information online. In Lester v. Allied Concrete Co. (Va. Cir. Ct. 2011), Isaiah... Read More

SharePoint: Overcoming the E-Discovery Challenges

Created on January 18, 2012

With a staggering adoption rate, Microsoft® SharePoint® is one of the most dynamic data management platforms in the market today.  Unfortunately, SharePoint's web-based, collaborative framework brings significant challenges when it comes to e-discovery especially when legal teams must preserve and collect content created in SharePoint in a timely and defensible manner.  Among the obstacles that legal teams face: (1) Collecting Metadata:A defensible e-discovery approach entails securely collecting responsive data and its associated metadata.  Because SharePoint enables multiple users to access and modify the same file, the metadata associated with one document can be... Read More