Be Specific: A new FRCP Visual Guide with Tips for Complying with Rule 34

Created on May 19, 2017


Content Marketing Manager

Just because you get there first doesn’t mean you’ll win. The new amendment to Rule 34 states that objections must be filed “with specificity.” And yet, most attorneys are still using boilerplate responses, violating the rule. Use this FRCP Visual Guide to get an overview of the rule, examples of violations from Hon. Andrew Peck, and 4 tips for compliance.  Read More

Exterro's Weekly Case Law Update -- US Supreme Court Rules on Role of Inherent Authority in E-Discovery Sanctions (Goodyear Tire & Rubber Co. v. Haegar)

Created on May 11, 2017


Content Marketing Manager

Overview: In this products liability case, the plaintiffs alleged that their car accident was caused by a defective tire, manufactured by the defendant. Within e-discovery, the plaintiffs repeatedly asked for all internal testing data, and the defendant claimed that “all testing data” had been produced. The case settled before trial. Subsequently, news surfaced that additional testing data was available, which was not produced by the defendant. The plaintiff filed for sanctions for discovery misconduct, asking for attorney fees and legal costs. Since no rule empowered the court... Read More

E-Discovery in a Galaxy Far Far Away: Information Governance in Rogue One and Star Wars Rebels

Created on May 5, 2017


Content Marketing Manager

Who knew that behind the scenes of the battle against the Galactic Empire and the Dark Side of the Force, one of the biggest weapons in the arsenal of the Rebel Alliance was e-discovery. In the more recent additions to the Star Wars universe – the animated series Rebels, and the anthology film Rogue One – the driving force behind the actions of the characters is often locating, acquiring, and transmitting electronically stored information (ESI). In one recent episode of Rebels, two droids and a young pilot are sent on a mission to an Imperial facility to steal access codes for a... Read More

Exterro's Weekly Case Law Update -- NY Judge Issues Stern Warning Regarding Discovery Requests (Fischer v. Forrest)

Created on May 5, 2017


Content Marketing Manager

Overview: In this copyright infringement case concerning honey harvesting, Judge Andrew Peck, a leading expert on e-discovery best practices, wrote startling commentary in his court opinion regarding the non-compliance with Rule 34. What led him to this startling opinion is stated below: The defendants made 17 general objections in their Rule 34 response. These general, boilerplate objections amounted to written statements like “overly broad and unduly burdensome” without offering specifics. Additionally, the defendants referenced old language which is no longer stated in Rule 34,... Read More

Friday Funnies! Exterro's E-Discovery Meme Series (Automation Blues Edition)

Created on May 5, 2017


Content Marketing Manager

                                          This week's E-Discovery Meme from Exterro reminds us that e-discovery without automation is a Sisyphean task, slogging that bolder up and down the hill everyday. But it doesn't have to be that way! 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

Fitbit and Other Collected ESI Helps Crack Murder Investigation: New Data Sources in E-Discovery

Created on April 28, 2017


Content Marketing Manager

The discussion of new data types in e-discovery is often talked about but in a speculative way; we know that it’s possible for any relevant electronically stored information (ESI) to be requested as evidence, but most often, especially in the civil court, the bulk of information is still related to email, though mobile and social information is quickly catching up. Recently, however, we’ve seen more and more examples of new data being integral in criminal investigations (see my other blogs on the topic here, here, and here). In yet another example, on April 27th, 2017, Richard Dabate... Read More

Is Your E-Discovery Request within the Scope According to Rule 26? This New Visual Guide Will Help Keep Things Proportional

Created on April 28, 2017


Content Marketing Manager

The narrowed scope of discovery defined in the new Rule 26(b)(1) can drastically reduce the burden of e-discovery, especially regarding preservation. Meaning: if it isn’t in the scope of discovery, then there is no need to preserve it. Attorneys can use this to greatly reduce the volume of data preserved and thus reduce the associated burden of doing so. That’s why we created this Exterro FRCP Visual Guide, which gives you the basics of proportionality in quick and easy format. After all, explanations should also be proportional to relevancy. Read More