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Exterro's Guest Blogger, Mary Mack

Friday, February 24, 2017   (0 Comments)
Posted by: ACEDS Marketing Team
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Jim Gill, Content Marketing Manger at Exterro, featured Mary Mack's commentary from the Judges Survey as a guest blog in the article "Does new Rule 37(e) Give Serial Defendants a Blueprint for Never Getting Sanctioned for E-Discovery Misconduct Again? (Guest Blogger, Mary Mack)"

Extracts from the article below: 

*Editor's Note: Today's blog is written by Mary Mack, Esq., Executive Director, Association of Certified E-Discovery Specialists (ACEDS)

Preserving broadly, producing narrowly, and ad hoc preservation are so 2006. With the 2015 amendments to FRCP 37(e), it is clear the pendulum is swinging the other way on both of these issues.

Preserving broadly was initially seen as a cost-effective risk-reduction measure. The popular method was to cast a wide net and to preserve by collection. That changed when the cost of servers, backups, and expanded scope in subsequent litigation was tallied. At conferences, in conversations, and occasional opinions, judges have been coming to terms with the expense of over-preservation. Only 60% of the judges surveyed by Exterro think that collection of key custodian data need be shown to demonstrate reasonable steps were taken to preserve. Only 70% now feel that suspending document retention policies should be done.

Read Mary's full guest blog here

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