Exterro's E-Discovery & Privacy Breakdown // Mike Hamilton

The world of E-Discovery & Privacy 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.

How the Coronavirus Has Changed the Judicial System, and the Greater Role of Technology

Created on April 15, 2020

Director of Marketing at Exterro

Schools are closed. Social distancing and shelter in place are becoming surprisingly “somewhat” more normal. Our everyday lives have changed and those changes extend to the courtroom. So, what has changed for the courts? A lot, but it’s all to help protect legal professionals, according to Hon. Joy Conti, Sr. District Judge of the Western District of Pennsylvania. Judge Conti laid out a laundry list of changes she’s seen in the prior few weeks: “Judges in my court have postponed all trials for at least 45 days. We do not want to... Read More

What Constitutes Private Information in Text Messages

Created on April 1, 2020

Director of Marketing at Exterro

Laub v. Horbaczewski (C.D. Cal July 30, 2019) serves as notice to custodians that even private information stored on your phone conducted in the course of business may be deemed responsive if produced. Overview:In this contract case, the defendant inadvertently produced spreadsheets of text messages and iNotes from the defendant’s mobile phone without conducting a privilege review. Because of this, the defendant requested the production of spreadsheets to be returned and a new version with redactions would be submitted to the plaintiff.The defendant reasoned that since the text message production contained... Read More

Gartner Report: Recommendations for Data Privacy Process Automation

Created on March 27, 2020

Director of Marketing at Exterro

By 2023, modern privacy regulations will cover 65% of the world’s personal data, up from 10% today. Moreover, self-service portals for preference and consent management will be far more prevalent than they are today. Gartner’s latest Market Guide, Market Guide for Subject Rights Request Automation, takes a direct look at the heart of modern privacy regulations: The Data Subject Access Request (DSAR). These requests allow individuals the right to know what personal data an organization is holding, and offers individuals greater control over remediating that data. The report covers the current landscape... Read More

Friday Funnies: Exterro's Meme Series - Responsive Data Edition

Created on March 27, 2020

Director of Marketing at Exterro

With the huge amounts of data that companies keep these days, finding responsive data can be tough. But what makes that easier is minimizing the data that you do have—which also greatly helps mitigate risk. But the highest risk right now may be in letting your TP stock drop below 24 or 25 rolls. You know, just to be safe. Who says e-discovery isn't funny? If you're looking for an additional laugh, you can always visit our entire catalog of E-Discovery Memes and Cartoons, and feel free to share the fun... Read More

Deciding What Third-Party Communications Are Considered "Privileged"

Created on March 20, 2020

Director of Marketing at Exterro

Digital Mentor, Inc. v. Ovivo USA, LLC (W.D. Wash. Feb. 4, 2020) showcases that as more organizations use contract employees and third parties to help do business, it’s imperative for them to clearly understand what communications between those parties will be protected as privileged. Overview:In this trademark infringement/breach of contract case, the two parties had an e-discovery dispute around whether the plaintiff’s consultant was an employee of the plaintiff making any communications between the two privileged.The plaintiff’s consultant was heavily involved in creating and defining the contracts at issue in this... Read More

Lack of E-Discovery Competency Hurts Plaintiffs' Case

Created on March 6, 2020

Director of Marketing at Exterro

Mannion v. Ameri-Can Freight Systems, Inc. (D. Ariz., Jan. 27, 2020) proves that not knowing the requirements for spoliation sanctions under 37(e), and not properly filing a motion for discovery sanctions, are just two normal e-discovery practices that were missed in this case—showcasing the need for better e-discovery competency by legal practitioners. Overview:In this case, the parties included a permissive adverse jury instruction within the proposed jury instructions based on the defendants’ alleged spoliation of data.From the start of e-discovery to after the discovery deadlines elapsed more than a year later... Read More

Gartner Report: Predicting Corporate and Legal Compliance Technology in 2020

Created on February 28, 2020

Director of Marketing at Exterro

With the proliferation of new data privacy laws, recent alterations to existing e-discovery law, and the ever-changing roles of the Chief Legal Officer and General Counsel, 2020 promises to be a year of pivotal transformation for many businesses. In that spirit, analyst firm Gartner released a new report detailing how corporate and legal compliance technology can help businesses more aggressively keep pace with the changing headwinds across the legal landscape.  The report, Gartner Predicts 2020: Corporate Legal and Compliance Technology, is available for download now. Take a look below to learn more... Read More