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.

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

Case Law Webcast Recap: 2012 resolutions should include exercising of infrequently used e-discovery rules

Created on January 13, 2012

Vice President, E-Discovery

As the clock struck midnight on December 31, 2011, many people made New Year's resolutions. Most of these resolutions were probably along the lines of going on a diet or working out more, but according to our distinguished panel from Exterro's webcast, “2012 E-Discovery Case Law Forecast: Hindsight is 20/20," attorneys should make 2012 resolutions to better exercise the protections and benefits of FRCP discovery rules.Judge David Waxse, Maura Grossman, Esq., Dennis Kiker, Esq., and Exterro's Bob Rohlf, Esq., presented on important trends from 2011 case law and highlighted some practical e-discovery... Read More

E-Discovery Project Management Fees included in Recoverable Costs for Prevailing Party

Created on January 5, 2012

Vice President, E-Discovery

In e-discovery, collaboration between multiple teams for tracking, monitoring and ensuring a defensible and comprehensive e-discovery process is essential. Project managers play the vital role of coordinating and managing this process so that matters stay on track and important information does not fall through the cracks. Courts are also beginning to recognize the importance of e-discovery project management, as seen in Jardin v. Datallegro, Inc. (S.D.Cal. Oct. 2011). In Jardin, it was ruled by the court that the project management costs used “exclusively to the process of converting data to .TIFF format"... Read More