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.

Controlling E-Discovery Spending Sprees: Will the courts put a stop to the madness?!

Created on April 4, 2012

Vice President, E-Discovery

Electronic discovery is expensive. Identifying, collecting, processing, analyzing and finally producing electronically stored information (ESI) to opposing counsel is time consuming and resource intensive. Besides the costs of producing data, expenses are multiplied by the current adversarial nature of litigation. “In some cases discovery becomes a tool with which to bludgeon the other side into submission," wrote Judge Joe Brown in a recent ruling. “Rather than monitoring and moderating the process," parties are in many cases simply “throwing gasoline on the fire."Judge Brown's pointed rebuke was in response to Lubber, Inc. vs... Read More

Integrating HR and E-Discovery for Efficient Legal Holds

Created on April 3, 2012

Technology integration is a hallmark of efficient and defensible e-discovery and larger information governance initiatives. It allows organizations to streamline processes and get the very most out of their technology investments. We previously reported on the relationship between e-discovery collection tools and data management systems, such as SharePoint (read here). The same approach can be applied with e-discovery and HR systems to help legal teams identify relevant custodians and monitor legal hold compliance.Streamlining the legal hold processOne of the first steps for legal teams in the days following the receipt of a... Read More

Repurpose Your E-Discovery Process for Effective Regulatory Inquiries

Created on March 28, 2012

Vice President, E-Discovery

As reported in a previous Tuesday Trends post, the rise of regulatory investigations has made e-discovery preparedness imperative outside the context of formal litigation. In Price Waterhouse Cooper's U.S. Annual Report, “Risk in Review", it discovered that 6 out 10 executives surveyed view “regulatory risk as a major threat." This threat of regulatory inquiries has become reality for most organizations. According to Fulbright & Jaworski's 2011 Litigation Trends Survey, over the past three years 37% of all companies surveyed reported an increase in regulatory inquiries, and one-third spent more time addressing regulatory... Read More

E-Discovery Data Migration: Mitigating Risks and Achieving Success

Created on March 27, 2012

By David Hartmann, Director of Client Success, ExterroWhen companies deploy new e-discovery technologies, introducing existing data from legacy systems is usually among the primary implementation challenges.  Data “migration" is a reality of the technology world that extends far beyond the realms of e-discovery systems. Yet, e-discovery presents unique risks, since lost or altered data can lead to serious legal consequences.Why do companies move data in the first place? The amount of electronic data that large corporations produce is staggering and growing exponentially. To fully realize the benefits of their technology investments it... Read More

Keyword Search Terms: How to adequately argue for alternative search parameters

Created on March 15, 2012

Vice President, E-Discovery

Within early stages of litigation, to successfully negotiate and object to discovery parameters, such as keyword search terms, parties must have a legal justification AND provide adequate evidence to support their objection. Unsupported statements and concerns about producing “an unreasonable number of irrelevant results," or that discovery parameters are not proportional to the matter are only conclusory statements.The errors made in Custom Hardware Eng'g & Consulting v. Dowell (E.D. Mo. Jan. 3, 2012) showcases how courts are rejecting discovery objections when attorneys don't take the time or know how to support their... Read More

Integrating In-House E-Discovery Management with Externally Hosted Review

Created on March 14, 2012

Editor's note: Last month, Exterro announced a partnership with Catalyst to streamline client management of all phases of e-discovery. I had the opportunity to interview Kevin Cahill, manager of alliances and channel development at Catalyst, and Jim FitzGerald, director of product marketing from Exterro, about the partnership and integration of Exterro® with Catalyst's hosted review platform. Following is an excerpt from our discussion:BARTHOLOMEW: Why have Catalyst and Exterro partnered?KEVIN CAHILL: Catalyst and Exterro decided to pursue this integration in response to increased market demand for a more comprehensive, integrated array of applications... Read More

Navigating the Great “Legal” Divide of Cross-Border E-Discovery

Created on March 13, 2012

By: Bob Rohlf, Esq.E-Discovery is an important element of the American legal system. It is designed to facilitate the uncovering of electronically stored information (ESI) to support litigation for both plaintiffs and defendants. The right to such ESI is generally interpreted liberally. This is not the case for the rest of the world, especially in the European Union (E.U.), where discovery (or e-disclosure) is much more protective of an individual's (and in some cases companies') rights to privacy. International companies with employees and operations located globally often face a quandary when litigating cases... Read More