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Does new Rule 37(e) Give Serial Defendants a Blueprint for Never Getting Sanctioned for E-Discovery Misconduct Again? (Guest Blogger, Mary Mack)

Created on February 23, 2017


Content Marketing Manager

*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... Read More

5 Tips for Quickly Identifying Responsive Data Sources for E-Discovery Collections

Created on February 22, 2017


Director of Marketing Programs

Working with IT or your service provider to collect/process from a variety of data sources, like email archives, file shares, legacy backup tapes, SharePoint, etc., can be a painful and complicated ordeal. You don't need to just take my word for it, 34% in-house legal and IT professionals agreed and said “Identifying/Accessing Data Sources for Collection" was their biggest e-discovery challenge when trying to locate responsive information (source -- Exterro Survey: The Biggest Obstacles in Locating Responsive Data). There are three main reasons for... Read More

Be a Jetson, Not a Flintstone: 7 Tips for Social, Mobile, & Cloud in E-Discovery

Created on February 21, 2017


Content Marketing Manager

We’re all used to how quickly technology changes these days – one moment something is all the rage (remember Pokemon Go?) and within months, it’s ancient history. Those platforms that do stand the test of time become so ubiquitous (nowadays, Facebook is your grandma’s social media) it’s hard to remember life before they existed. In the legal world, lawyers tend to be slow adapters when it comes to technology, but with the influx of new data types and growing data volumes, your team needs to be more Jetson and less Flintstone when it comes to e-discovery. This year at... Read More

Technological Competence at the Bar and the Bench: Judge John M. Facciola discusses Exterro’s 3rd Annual Judges Survey

Created on February 17, 2017


Content Marketing Manager

*The following is the commentary of Hon. John Facciola (Ret.) United States Magistrate Judge, District of Columbia, for Exterro’s 3rd Annual Judges Survey The first generation of judges who confronted e-discovery faced challenges that were unique. There was not a word in their legal educations about the topic, the Federal Rules of Civil Procedure still spoke about “phonorecords,” and “social media” had not yet been born. Indeed, their inventors had not been born. Whether they came from private practice or public service, these judges had probably used a word processor and... Read More

Don’t Take Our Word for It: 3 Judges Weigh in On Improving E-Discovery Practices in Upcoming Webcast

Created on February 17, 2017


Content Marketing Manager

According to the 3rd Annual Federal Judges Survey, judges still feel the typical attorney doesn’t have the required e-discovery competency, and that applying cooperation and proportionality offers the greatest potential for improving this. One example is that more parties are making proportionality arguments, but they aren’t making good proportionality arguments. Again, cooperation and more education is key. In regards to the FRCP changes that have now been in place for a little over a year now, 82% of the judges surveyed believe they have helped solve many current e-discovery... Read More

Exterro's Weekly Case Law Update: “Reasonably Calculated” from Rule 26 is Dead -- Cole’s Wexford Hotel, Inc. v. Highmark, Inc. (W.D. Penn. Sept. 20, 2016)

Created on February 17, 2017


Content Marketing Manager

“Reasonably Calculated” from Rule 26 is Dead -- Cole’s Wexford Hotel, Inc. v. Highmark, Inc. (W.D. Penn. Sept. 20, 2016) Why this case is Important: Discovery requests are not relevant because there is a possibility that the information may be relevant to the general subject matter of the action. Summary: In this antitrust case, a special master was appointed to provide the court and parties assistance with discovery, including the resolution of discovery disputes. The defendant argued that the discovery would cost $190,000 in data fees, plus additional e-discovery... Read More

Friday Funnies! Exterro's E-Discovery Meme Series (You Can't Handle the ESI Edition)

Created on February 17, 2017


Content Marketing Manager

This week's E-Discovery Meme from Exterro reminds us that if you're going to preserve and collect data, you better be able to handle the growing volumes and types in which they come. Otherwise, Jack Nicholson will yell at you. 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! And remember that E-Discovery is always better when you have a sense of humor. Cheers! Read More