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Spoliation Equals Case Dismissal for Plaintiffs in NY Case

Created on May 24, 2012

Vice President, E-Discovery

When people consider spoliation sanctions they most likely think of monetary penalties or, in extreme cases, adverse inference rulings. But a recent case out of New York might make one re-think how the spoliation of evidence can affect the outcome of a case. In 915 Broadway Associates, LLC v. Paul, Hastings, Janofsky & Walker, LLP (N.Y. Sup. Feb. 16, 2012), the plaintiffs were served by the New York Supreme Court with one of the most severe sanctions possible – CASE DISMISSAL.CASE FACTSIn this convoluted legal malpractice case, the plaintiffs, 915 Broadway, sued... Read More

SEC, Government Agencies Struggling to Get E-Discovery Houses in Order (Just Like Everyone Else)

Created on May 21, 2012

The E-Discovery Beat editorial team frequently reports on the everyday struggles that legal teams face in dealing with e-discovery issues. What often gets overlooked is that government agencies experience similar problems and are just as confounded by the issues. In a recent article for New Legal Review, reporter Nick Huber reported that the Securities and Exchange Commission's (SEC) records preservation policies have come under so much scrutiny that even President Obama felt compelled to intervene.According to the article, concerns about the SEC first surfaced last summer when an employee submitted a damaging... Read More

Experts Weigh in on Preservation and Proportionality and More E-Discovery News of the Week

Created on May 21, 2012

Law Technology News: Monica Bay recaps a panel discussion last week exploring preservation and proportionality in legal holds hereInside Counsel: Paul Carr argues the we should re-think how e-discovery gets done not who does it here.Above the Law: Christopher Danzig reports on an embarrassing discovery blunder hereElectronic Discovery Law: More updates on the Da Silva Moore case hereeDiscovery Journal: Consultant Chuck Rothman provides tips for finding the right e-discovery tools hereeDiscovery Daily: Doug Austin, of CloudNine Discovery, examines cases involving the inadmissibility of text messages here ... Read More

Preparation for Defensibility, Alternative Avenues for Cost Cutting are Key E-Discovery Trends of 2012

Created on May 16, 2012

Vice President, E-Discovery

Philosophers, spiritualists and average Joes, like you and me, have all probably heard of the ancient Mayan phenomenon regarding the year 2012. Is it the end of days? Is it the start of a new beginning? Or is it just another year? While no one knows what may lie ahead, what can definitively be said about 2012 so far is that is has been filled with numerous instructive e-discovery cases on costs and scoping, which are providing significant wakeup calls to legal teams.In Exterro's recent webcast, E-Discovery Case Law Wake-Up Call: No... Read More

BREAKING NEWS! FBI’s Newly Announced Investigation of JPMorgan to Create More E-Discovery Issues

Created on May 16, 2012

Vice President, E-Discovery

As CNN reported earlier today, the FBI has announced an investigation into the nation's largest bank, JPMorgan Chase, signaling that criminally activity may have occurred within the company. While the specific nature of the investigation remains unclear, the FBI and the Securities Exchange Commission (SEC) (under a prior ongoing investigation) are probing for information from JPMorgan. Along with these external pressures, JPMorgan is conducting its own internal investigation to examine their recent $2 billion dollar trading loss stemming from a string of trades on credit default swaps.As JPMorgan treads its way through... Read More

Limiting Over-Preservation While Preserving Defensibility in E-Discovery

Created on May 14, 2012

As reported recently by edJ Group analyst Barry Murphy, one of the most common problems organizations face in e-discovery is over preservation. Not only are many organizations preserving more data than needed within single e-discovery projects but, as cases are resolved, they are often failing to dispose of data when it becomes legally permissible to do so. There may be several reasons for this trend.As I wrote last week, the cost of storing data has plummeted in recent years, so keeping unneeded data around is no longer the cost burden it once... Read More

Reducing E-Discovery Costs and Risks through Data Reuse

Created on May 7, 2012

As organizations look for ways to reduce e-discovery costs, one of the areas that has garnered considerable attention is data reuse. For many organizations, the process of identifying and preserving potentially relevant electronically stored information (ESI) starts from scratch with each new legal action. This approach fails to account for the fact that many lawsuits are related and, therefore, may involve much of the same ESI. What's collected for one matter could be leveraged across multiple matters.This reality has prompted a movement away from disparate e-discovery applications and has given rise to... Read More