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.

Case Law Alert: E-Discovery Sanctions Issued in Jimi Hendrix Weed Case

Created on March 19, 2019


Director of Marketing Programs at Exterro

In Experience Hendrix, LLC et al. v. Pitsicalis et al. (S.D.N.Y. Nov. 27, 2018), the court ruling demonstrates the (rather obvious) lesson: if you don’t produce and then take multiple steps to hide relevant data, in most instances the court will issue significant e-discovery sanctions against you. Overview In this copyright infringement case, the plaintiffs motioned for e-discovery sanctions against the defendant for a variety of misconduct including spoliation and hiding evidence. The defendants, including Jimi’s brother, started a marijuana business and were attempting to use Jimi Hendrix’s image to sell their products... Read More

On the Virtues of a Platform Approach to E-Discovery: Thoughts on Complex Discovery's Drunks, DNA, and Data Transfer Risk in E-Discovery

Created on March 19, 2019


E-Discovery Market Analyst at Exterro

This post discusses Complex Discovery's excellent post, "Drunks, DNA, and Data Transfer Risk in E-Discovery," which I read for the first time yesterday. If you're taking the time to read this post, you should definitely check out the original on Rob Robinson's blog. I think it's safe to say that recent entertainment, especially television, is awash in shows that deal with forensic science in one way or another. I know I've spent more than a night or two watching episodes of shows like the Forensic Files or the First 48, and given the... Read More

Take an E-Discovery Survey to Earn $20 for Charity

Created on March 18, 2019


E-Discovery Market Analyst at Exterro

Exterro rightly prides itself on producing a lot of compelling thought leadership for the e-discovery industry. Over the course of the year, we research trends, opinions, and practice of federal judges, in-house legal teams, and law firms to give e-discovery professionals perspective on what's happening in the industry.  Hopefully you find these resources helpful to you, but the fact of the matter is that coming up with this information also relies on you, our audience, since the data underlying the reports comes from surveys of professionals like you.  In partnership with Brad... Read More

Examining E-Discovery Statistics: 3 Ways Mid-Market Companies Can Catch Up with Larger Enterprises

Created on March 15, 2019


E-Discovery Market Analyst at Exterro

Last September, Exterro and EDRM at Duke Law created the E-Discovery Maturity Quiz, a 20-question self-assessment that allows organizations to see how mature their e-discovery processes are compared to best practices. The assessment helps organizations evaluate the people, processes, and technology they have in place to conduct necessary tasks across the EDRM, including questions on: Information Governance Identification Processing Review and Analysis Production Personnel Matter Closing With over 200 responses, the anonymous data gathered by the quiz provides some great insight into the maturity of e-discovery operations at organizations of differing sizes... Read More

Why You Must Define Roles and Responsibilities on E-Discovery Projects

Created on March 15, 2019


E-Discovery Market Analyst at Exterro

In any team process, it’s critical to define both the process the team will follow and the roles and responsibilities of the team members. Everyone needs to understand and agree on the big picture goals, and more importantly, on where their responsibilities begin and end. It may be surprising, but research shows that teams actually collaborate more effectively when roles are clearly delineated and responsibilities are well-defined. (For an in-depth look at this phenomenon, check out Tammy Erickson’s article “The Biggest Mistake You (Probably) Make with Teams” at the Harvard Business... Read More

Case Law Alert: Don't Ask for Everything in E-Discovery...

Created on March 15, 2019


Director of Marketing Programs at Exterro

In Santana v. MKA2 Enterprises, Inc. (D. Kan. Jan. 8, 2019), the courts reminded litigants that an appropriately tailored production request doesn’t ask for “all” of anything. When making such requests, be sure to ask for specific data. If you do ask for “all” of something, make sure you have case precedents or a clearly defined reason for doing so. Overview In this employment race discrimination case, the defendant moved to compel the plaintiff to produce “all” his mobile phones. Specifically, the defendant wanted any mobile phone used by the plaintiff from the start... Read More

Friday Funnies: Exterro's E-Discovery Meme Series (Spark Joy Edition)

Created on March 15, 2019


Marketing Communications & Events Manager at Exterro

I think we all know the answer to Marie Kondo's question here... No. Managing legal holds with a spreadsheet does not spark joy. But if that's still your reality, there are plenty of steps you can and should take to improve your processes, and you kind find a few in our Beginner's Guide to Legal Holds. But of course if you're just interested in a chuckle, you can always visit our entire catalog of E-Discovery Memes and Cartoons or download our anthology of The Top 10 E-Discovery Memes of 2018 if you haven't gotten enough, and feel free to... Read More