Exterro's Legal GRC Breakdown

Get your daily dose of news, best practices, and technology from Exterro's e-discovery, privacy, and digital forensics experts here.

Case Law Alert: Boilerplate Objections Are Insufficient—But Not Enough to Be Waived

Created on September 20, 2022


Vice President, E-Discovery

It’s long been established that boilerplate objections to discovery requests will not be allowed, but in this case Doma Title Insurance v. Avance Title, LLC the court permitted the defendants to supplement their objections rather than considering them waived. Overview In this case concerning allegations that a contractor to an insurance company failed to comply with all the contractual obligations it owed to its client (the plaintiff), a disagreement arose over the materials the defendant would have to produce during discovery. In discovery, the plaintiff requested from defendant all documents and communications... Read More

FTK Over the Air: Digital Forensic Incident Response - Life After Law Enforcement

Created on September 16, 2022


E-Discovery Market Analyst at Exterro

Make sure you check out the latest episode of Exterro's digital forensics podcast series, FTK Over the Air. In our fourteenth episode, Exterro Forensics Evangelist Justin Tolman sits down with Dan Sumpter of Exterro, Chris DeLeon of Texas Central Bank, and Amanda Fields of Blue Cross Blue Shield, to talk about making the transition to digital forensics careers after working in law enforcement. With over 50 years of law enforcement experience combined, this group discusses the strengths from their public sector careers that gave them an advantage when transitioning into private DFIR investigations... Read More

The Challenge of Releasing Legal Holds and Disposing of ESI

Created on September 16, 2022


E-Discovery Market Analyst at Exterro

On paper, releasing a legal hold seems fairly straightforward. A matter reaches a resolution, preservation obligations are lifted, the legal team informs data custodians that they are no longer required to retain electronically stored information (ESI), and disposition policies are restored. But in practice, many organizations struggle with this seemingly simple process. The consequences of failing to promptly release legal holds are more significant than many organizations realize. Prolonged holds can place unnecessary burdens on employees who have more important things to worry about than complying with legal hold obligations. Unnecessarily retained electronically... Read More

Data Privacy Alert: Australian Competition and Consumer Commission Issues First Fine Under Consumer Data Right Rules

Created on September 16, 2022


E-Discovery Market Analyst at Exterro

The Consumer Data Right (CDR) Rules enables Australians to use the data businesses hold about them for their own benefit. In July 2022, the Australian Competition and Consumer Commission (ACCC) levied its first fine under the CDR, since the rule has applied to all banks dating from July 2021. Overview On July 13, 2022, the ACCC issued a fine of AUD 133,200 against the Bank of Queensland Ltd., for its failure to provide a service enabling consumers' data to be shared as required by the Australian CDR. Under the CDR rules... Read More

The Use Of Artificial Intelligence In Digital Forensics

Created on September 9, 2022


E-Discovery Market Analyst at Exterro

As we steamroll through 2022, interest in artificial intelligence has been gaining steam—and specifically how it applies to legal and compliance technology. Essentially, the concept of AI mimics the thought and reasoning processes of the human brain and applies that to help streamline and/or automate manual processes. AI is starting to find its role in Cybersecurity, especially as it relates to filtering for false positives and taking on the manual tasks that are too time-consuming for professionals. It is finding a strong foothold as well in the world of Digital Forensics. Let’s take... Read More

Exterro and Partners Announce 8th Annual E-Discovery Day on December 1, 2022

Created on September 9, 2022


E-Discovery Market Analyst at Exterro

Exterro Inc., the preferred provider of Legal GRC software specifically designed for in-house legal, privacy, and IT teams at Global 2000 and AmLaw 200 organizations, in partnership with the Association for Certified E-Discovery Specialists (ACEDS), the Electronic Discovery Reference Model (EDRM), and eDiscovery Today are pleased to announce the eighth annual celebration of E-Discovery Day will take place on December 1, 2022. E-Discovery Day is an annual event in which the e-discovery industry comes together to celebrate the vital and growing role that e-discovery plays in the legal process. It is an... Read More

Case Law Alert: Lackadaisical Diligence During Discovery Results in Adverse Inference Ruling

Created on September 9, 2022


Vice President, E-Discovery

Courts will no longer accept lackadaisical behavior when it comes to e-discovery activities. For examples, in this case, the defendant’s misrepresentations and mishandling of the plaintiff’s discovery request resulted in severe discovery sanctions. Overview In this wrongful termination case, the court ordered that findings of fact be read to the jury to make inferences on, after Defendant’s spoliation of video recordings resulted in the lack of key evidence. After various employees provided different testimonies regarding an alleged altercation, the plaintiff requested that the defendant view video recordings to undo the plaintiff's... Read More