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Why Legal Directors are Bringing E-Discovery In-House: 6 Tips for Successfully Adopting E-Discovery Technology

Created on March 24, 2017


Content Marketing Manager

The responsibilities of any corporate law department leader tasked with overseeing e-discovery, whether he or she carries the title of legal director or something similar, revolve around two core business objectives: controlling costs and mitigating risk. Of course, in-house counsel often serve in an advisory role, assessing business transactions, steering company policy, overseeing litigation issues and managing relationships with outside firms. But as litigation costs have ballooned in recent years, legal directors have been compelled to turn their attention towards a more pressing area... Read More

Be Reasonable and Check Out this Free Visual Guide "How to Create a Reasonable Preservation Process Under Rule 37(e)"

Created on March 24, 2017


Content Marketing Manager

We've all been asked at one time or another to "Be Reasonable." In the world of e-discovery, reasonableness isn't just a courtesy, it's a federal law! That's why we created this free visual guide to creating a reasonable preservation process under FRCP Rule 37(e). In it, you get reasonable preservation steps from Magistrate Judge John Facciola, Questions to Ask for Determining Reasonableness, and Often-Forgotten Preservation Considerations. So be reasonable and take a look! Read More

Exterro's Weekly Case Law Update -- Defendant’s Metrics Justify Rejection of Plaintiffs’ Discovery Request -- Solo v. United Parcel Services

Created on March 24, 2017


Content Marketing Manager

Solo v. United Parcel Services Co. (E.D. Mich. January 10, 2017) Why This Case is Important: If you think an e-discovery request made by your opponent is overly burdensome, research the terms and create metrics to justify your stance. In this case, the defendant did just that and it worked. Overview: In this class action suit, the plaintiffs alleged that the defendant consistently overcharged for delivery charges that had a declared value of $300 or more. The plaintiffs requested the defendant provide the number of packages with a declared value of $300 or more over the alleged... Read More

Friday Funnies! Exterro's E-Discovery Meme Series (Legal Spend Put to the Maury Test Edition)

Created on March 24, 2017


Content Marketing Manager

                                        This week's E-Discovery Meme from Exterro reminds us that even when you think you have your legal spend under control, you might want to check your metrics. Or at the very least, have Maury give you a lie detector test! Visit our entire catalog of E-Discovery Memes and Cartoons, and feel free to share the fun with friends and colleagues to celebrate another successful week! Remember, E-Discovery is always better when you have a sense of humor. Cheers! Read More

March Mayhem: 5 Experts Conquer Their E-Discovery Pet Peeves

Created on March 17, 2017


Content Marketing Manager

March Madness, Spring Fever, call it what you will, but this time of year tends to bring out the more “spirited” sides of our personalities. It’s also a time when our desire for the coming of spring is often dampened by the continued dreariness of winter, like stepping off the curb ankle deep into a storm gutter backed up from rain and snowmelt. So to lighten the mood for people too-long deprived of blue skies, we here at Exterro started thinking about how the late winter blues might translate into the world of e-discovery. We asked these 5 practitioners to share stories of what... Read More

No More Diminishing Returns: 4 Experts on the Importance of Proportionality Under the New FRCP Rules

Created on March 17, 2017


Content Marketing Manager

Under Rule 26(b)(1), parties are allowed to obtain discovery of all relevant, non-privileged information as long as it’s “proportional to the needs of the case.” The question then becomes, what does “proportional to the needs of the case” mean and where should this language be applied? This is where we must look to case law for a better understanding. The main goal of the recent FRCP amendments is to support Rule 1’s demand for a just, speedy, and inexpensive resolution to the dispute at hand. Proportionality is at the core of that notion. In the following cases, you’ll... Read More

Exterro's Weekly Case Law Update -- Relevancy, Proportionality, and Not Being Proactive Leads to Failed Sanctions Claim: F.T.C. v. DirecTV

Created on March 17, 2017


Content Marketing Manager

Overview: Both parties agree that the duty to preserve data arose in 2010; however, the plaintiff contends that the defendant failed to preserve relevant data when this preservation duty was triggered. The defendant countered by arguing that the data at issue was inaccessible (which the defendant told the plaintiff about in 2010) and subsequently produced alternative forms of data instead. Additionally, the defendant argues that the plaintiff failed to bring a timely motion about these spoliation activities. As a result, the plaintiff motioned for sanctions under FRCP Rule... Read More