Don’t Be Hasty: Sedona Principles Released for Public Comment

Created on April 21, 2017


E-Discovery Counsel

Recently, the Sedona Conference released the long-awaited public comment version of the Sedona Principles.   When I say, “long-awaited,” I mean the discussions about a rewrite started in 2010!  Efforts on the current draft began in 2012.  The timeline for delivering this document calls to mind scenes from the movie series, “The Lord of the Rings,” in which the Ents appear.  The Ents are giant creatures resembling living, sentient trees.  Treebeard, one of the leaders of the Ents, proclaims that Ents don’t speak unless there is something important to say.  He also points... Read More

Unsure About Whether Sanctions Apply Under Rule 37(e)? Let Our Decision Tree Take the Mystery Out of Spoliation Once and For All!

Created on April 21, 2017


Content Marketing Manager

Case law continues to define the FRCP, but one thing that remains clear is the Uniform Spoliation Standard. Hang this Rule 37(e) Decision Tree above your desk and take the mystery out of spoliation once and for all!                                                                                                                                                                           Read More

Exterro's Weekly Case Law Update -- Smoke Doesn’t Mean There’s Fire (HCC Ins. Holdings, Inc. v. Flowers)

Created on April 21, 2017


Content Marketing Manager

Overview: The defendant, Ms. Flowers, is accused in this case of misappropriating trade secrets after she left her company and started a competitive company. The plaintiff, HCC, claims that when the defendant left the company, she took confidential files with her to benefit her new company. A neutral examiner found no evidence that any of the plaintiff's documents were on the personal computer owned by the defendant. However, the examiner did find that the defendant used multiple programs that are commonly used to cover up spoliation activities. Based on this activity by the... Read More

Friday Funnies! Exterro's E-Discovery Meme Series (I Don't Know Girl Edition)

Created on April 21, 2017


Content Marketing Manager

                               This week's E-Discovery Meme from Exterro reminds us that these days "not knowing" is no longer a viable excuse for an out of date legal process -- unless you're this cute little girl. She can get away anything. 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

E-Discovery Lessons from the State Investigation of Alabama Governor Robert Bentley

Created on April 14, 2017


Content Marketing Manager

From the beginning, e-discovery has mainly been the realm of corporate legal teams leveraging their knowledge of the e-discovery process along with technology to reach a “just and speedy” resolution to the matter as laid out by Rule 1 of the Federal Rules of Civil Procedure. Recently, I’ve been writing about examples of e-discovery showing up more and more in criminal courts (Visibility is a Trap; I Now Call Alexa to the Stand), and the lessons that can be learned from civil law. But what about government investigations? The most recent example of this is the Alabama House... Read More

See How Juniper Networks Saved 7 million a year, cut data volume 100% with E-Discovery Technology

Created on April 14, 2017


Content Marketing Manager

Tracking Metrics, Reducing Data, Adding Efficiency Equals Reduced Spend: Juniper Networks is an American multinational corporation headquartered in Sunnyvale, California that develops and markets networking products. Its products include routers, switches, network management software, network security products, and software-defined networking technology. When it comes to e-discovery activities, the primary goal of the legal departments is defensibility. For IT, it’s security and accessibility. For anyone in business operations, it’s return on investments. “Juniper... Read More

Exterro's Weekly Case Law Update -- No Prejudice, No Spoliation Sanction (Archer v. York City School District)

Created on April 14, 2017


Content Marketing Manager

Overview: In response to the plaintiffs’ legal claims that were in protest of the defendant’s decision not renew their school’s charter, the defendant motioned for summary judgment.  The plaintiff claimed within their response to this motion that the defendant spoliated relevant data, i.e. the deletion of a key custodian’s email account. The key issue in this case was whether the email account was deleted with prejudice. The defendant contends that the email account was probably deleted within 90 days of the key custodian’s departure in February 2012, which would be in... Read More