E-Discovery and Information Governance Blog // Preservation / Legal Hold

Integrating Structured Data Into the E-Discovery Process

Created on May 19, 2017


Content Marketing Manager

As data volumes increase and become more complex, having an integrated e-discovery environment where systems and data sources are automatically syncing information and exchanging data with e-discovery applications has become critical for organizations. This is true of unstructured and semi-structured data sources, such as email servers and content management systems, as well as structured data sources, like databases and data archives.  A lot of e-discovery practitioners are comfortable with unstructured data sources like email, file shares, or documents in SharePoint, but often... Read More

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 -- Intentionally Deleting Data is Still Never a Good Idea (Hausman v. Holland America Line)

Created on May 19, 2017


Content Marketing Manager

Why This Case is Important: One more example to show that not only will intentionally deleted data will be discovered, but that having a repeatable process (such as retention policies) is a key to defensibility. Overview: In this case, the defendants moved for a new trial after a ruling against them for more than $20 million was found to be based on testimony of the plaintiff’s former assistant exposing a pattern of misconduct, including deliberate attempts to destroy ESI in an explicit effort to avoid producing it. The assistant’s testimony described the plaintiff panicked... Read More

Friday Funnies! Exterro's E-Discovery Meme Series (90214 Gossip Edition)

Created on May 19, 2017


Content Marketing Manager

                        This week's E-Discovery Meme from Exterro reminds us that with the upcoming FRE Rule 902(14) all ESI will be self-authenticating, so no expert witnesses are needed to prove it's legit! 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

Key Considerations for Defensible Legal Hold Release

Created on May 11, 2017


Content Marketing Manager

Because so many cases result in sanctions due to parties failing to issue timely legal holds or monitor compliance, the legal hold release process often tends to be forgotten. Indeed, most organizations aren't nearly as scrupulous about releasing legal holds as they are about initiating them, because there is far less legal risk associated with the hold release. Still, the release of the hold is an essential element of a strong legal (and defensible data deletion) process. In the The Sedona Conference's Commentary on Legal Holds it states: “Any legal hold policy, procedure or... 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

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