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: Deleted Text Messages = No Adverse Inference Because No Intent

Created on June 18, 2019

Director of Marketing Programs at Exterro

DriveTime Car Sales Company, LLC v. Pettigrew (S.D. Ohio April 18, 2019) re-emphasizes the high and “stringent” standard for granting an adverse inference instruction under FRCP 37(e)(2). Overview: In this fraud case between an employee and employer, the plaintiff filed motion for spoliation sanctions based on the defendant’s failure to preserve relevant text messages. During discovery, a co-defendant stated that he had exchanged text messages with another defendant concerning issues involved in this case. The co-defendant was unable to produce these text messages “because he had obtained a new phone and had not preserved... Read More

What Will the E-Discovery Team of the Future Look Like?

Created on June 17, 2019

E-Discovery Market Analyst at Exterro

It’s fair to say that e-discovery is at an inflection point. As an industry, it has seen an influx of cash. 2018 saw an almost doubling of mergers, acquisitions, and infusions of capital from investors. Big players like Microsoft are making inroads on the basis of their substantial footprint inside enterprises. Governmental jurisdictions from the EU (with GDPR) to California (with the CCPA) are enacting regulations that put new demands on practitioners, with over 50% of respondents to a recent Norton Rose Fulbright report stating they have to balance cross-border discovery operations... Read More

The Next Stage of Growth for Exterro

Created on June 14, 2019

Founder and CEO

Just over a year ago, Exterro announced the exciting news of our partnership with Leeds Equity Partners and the strategic equity investment that would turbo charge Exterro’s growth and innovation at a moment I believe is a true tipping point for the e-discovery industry. We—and I mean not just the e-discovery industry, but “we” as an international economy and even as a society—are facing large-scale, structural change in how we interact with our data: how we secure it, use it, access it, and dispose of it. I want Exterro to be one... Read More

4 Data Mapping Challenges and How to Overcome Them

Created on June 14, 2019

E-Discovery Market Analyst at Exterro

We've come a long way from the time when "data mapping" was a dirty word in e-discovery. But as data becomes more dispersed and voluminous across organizations, having a centralized resource for quickly identifying where certain electronically stored information (ESI) resides is extremely valuable. FOIA and public records requests can be fulfilled more efficiently if there are accurate, up-to-date data maps in place. And with GDPR in effect and CCPA on tap, both subject access requests (SARs) and requests for erasure (or "to be forgotten") demand that organizations know where to find all data... Read More

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

Created on June 14, 2019

Chief Marketing Officer at Exterro

Maybe it doesn't choke you up quite as much as the moment from the movie, but we do love both e-discovery and data privacy here at Exterro--especially now that we've acquired Jordan Lawrence. Please check out that blog post from Exterro's founder and CEO, Bobby Balachandran, if you want some more context on why we made the move and why it makes sense in today's evolving e-discovery, data privacy and information governance marketplace. And if you'd rather just have a laugh, you can always visit our entire catalog of E-Discovery Memes and Cartoons... Read More

What Are the Top E-Discovery Cases of 2019 (So Far)?

Created on June 7, 2019

E-Discovery Market Analyst at Exterro

Exterro's E-Discovery Case Law Project provides you with all the latest in e-discovery case law, so you can do your job as an e-discovery professional more effectively, in compliance with the expectations of both the Federal Rules of Civil Procedure and the rulings from the bench that further explain the nuances of things like: Defensible legal hold processesAppropriate specificity in both motions and objectionsThe application of proportionality in preservation With quarterly white papers and an extensive case law library with new installments every two weeks, there are plenty of ways for you to stay up... Read More

Fear and Loathing and E-Discovery: Is There a War Against E-Discovery?

Created on June 7, 2019

E-Discovery Market Analyst at Exterro

As a writer and blogger in the e-discovery space (albeit one with a background in writing, rather than e-discovery itself), I work with subject matter experts to create both practical pieces, geared at helping professionals do their job more effectively, as well as thought leadership pieces, trying to influence opinion in the realm of e-discovery and related disciplines, like information management and data privacy. I have to say, as far as recent thought leadership goes, Craig Ball’s article last week Have We Lost the War on E-Discovery? sets a high bar for... Read More