Exterro's E-Discovery Breakdown

The world of E-Discovery is constantly changing – let us break it down for you with a weekly dose of News, Resources, Case Law, and Humor, all written in a concise and easy to understand format.

3 Ways to Optimize Your E-Discovery Practices Straight from the FRCP (and FRE)

Created on February 19, 2018


Content Marketing Manager at Exterro

The third part of our 2018 Federal Judges Survey, “Do the Right Thing” – Judicial Perspectives on the Rules of E-Discovery, we asked federal judges to offer some opinions on the rules that govern e-discovery: the Federal Rules of Civil Procedure (FRCP) and Federal Rules of Evidence. The judges overwhelmingly agree with the statement, “the new FRCP e-discovery rules have helped solve many problems that occur in e-discovery today.” 73% agreed and only 8% disagreed. But despite the fact that the most recent FRCP amendments are... Read More

Six Ways to Improve Your E-Discovery Practices Direct from Federal Judges

Created on February 16, 2018


Content Marketing Manager at Exterro

The first white paper resulting from the 2018 Federal Judges Survey by Exterro, BDO Consulting, and EDRM at Duke Law revealed several areas where judges see shortcomings in attorneys’ e-discovery practices. (For more details, check out our post on the topic from last week.) It’s all well and good to identify areas for improvement, but it’s even better to receive specific recommendations. In the second white paper resulting from this survey, “Good Faith and Honest Cooperation” – Judicial Perspectives on Improving E-Discovery... Read More

3 Ways to Map Your E-Discovery Process (and Why You Should)

Created on February 16, 2018


Content Marketing Manager at Exterro

Business process mapping, as a topic, may not excite everyone. That doesn't mean it's not necessary. Every business process should be mapped out, because the level of insight you gain from the exercise is what allows you to manage, measure, improve, and ultimately optimize it. But in the realm of e-discovery, understanding--and crucially documenting--your processes can be extremely important. Without an accurate picture of what your team does to preserve documents, issue legal holds, or review ESI, how can you measure... Read More

Case Law Alert: Not Addressing All 6 Proportionality Factors Leads to Failing E-Discovery Defense

Created on February 16, 2018


Content Marketing Manager at Exterro

When making a proportionality argument it is imperative to address each proportionality factor. If you fail to address each factor, the court may rule against you, since all factors are weighed equally against each other. In Oxbow Carbon and Minerals LLC v. Union Pacific R.R. (D.D.C. September 11, 2017), the plaintiffs failed to address proportionality factors beyond cost, and the court ruled against them. Overview In this antitrust case, the defendants requested the plaintiffs produce “all documents belonging to their... Read More

Friday Funnies: Exterro's E-Discovery Meme Series (99 Problems Edition)

Created on February 16, 2018


Content Marketing Manager at Exterro

If you're married to Beyonce and worth more than $800 million and still have 99 problems, then everybody's got problems. But if you consider yourself an e-discovery pro, then there's no excuse for defensible e-discovery workflows being one of them. Especially when you can make sure your workflows are in place and defensible with our Comprehensive E-Discovery Workflow Guide. Of course, if you'd rather just have a laugh, you can always visit our entire catalog of E-Discovery Memes and Cartoons, and feel free to... Read More

Four Critical Takeaways from the 2018 Judges Survey

Created on February 9, 2018


Content Marketing Manager at Exterro

For the fourth year in a row, Exterro has conducted a survey of federal judges to better understand their opinion of the state of e-discovery law, competency, and practice. In 2018, with the help of partners BDO Consulting and EDRM at Duke Law, the survey went both wider and deeper. Thirty judges responded to the survey. In addition to quantitative data, the analysis of the survey data includes both quotes from respondents and expert analysis from eight sitting and recently retired judges. To put it mildly, some of the survey results... Read More

Remember to Ask Yourself This Question Before Buying E-Discovery Software

Created on February 9, 2018


Content Marketing Manager at Exterro

When you’re making a decision about what e-discovery platform to use, it’s all too easy to get lost in the product’s features without thinking about another important (perhaps even more important) question. How well does it play with your other software systems? If your e-discovery platform isn’t well-integrated with other software you use, all the benefits it provides in terms of efficiency, automation, cost savings, and even effectiveness, could be lost. Some key technology integrations for e-discovery platforms are... Read More