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.

Case Law Alert: Plaintiffs’ Motion for E-Discovery Sanction Goes Up in Smoke

Created on August 16, 2019


Director of Marketing at Exterro

Philmar Dairy, LLC v. Armstrong Farms (D.N.M. July 11, 2019) re-enforces that an often-forgotten threshold factor for spoliation sanctions is that litigation must be reasonably anticipated. In this case, this key factor was overlooked and not proven by the moving party leading to the rejection of their spoliation claim. Overview: In this breach of contract and fraud case surrounding a failed hay sale, the plaintiffs filed a motion for e-discovery sanctions against the defendants based on the loss of key evidence, cell phone photographs. The plaintiffs contracted with the defendants to purchase hay... Read More

Why End-to-End Software Platforms are the Future of E-Discovery

Created on August 12, 2019


Director of Marketing at Exterro

In the latest report that Gartner published, Market Guide for E-Discovery Solutions, there was much discussion on managing cost and risk with regards to information management and regulatory/legal obligations. Keeping the idea of cost reduction in mind, more and more companies have been leveraging e discovery software within their legal departments. But there has been a change in the way companies are looking to purchase the services or the software related to e-discovery. According to Gartner, there are two main technology approaches when talking about e discovery, and more specifically, moving through the... Read More

Friday Funnies: Exterro's E-Discovery Meme Series (10 Year Challenge Edition)

Created on August 12, 2019


Director of Marketing at Exterro

If you haven't heard people on social media are doing this thing called a 10 year challenge, posting pictures of things from now compared to 2009. Even though we are a little late to the 10 year challenge party, we wanted to share our own take from an e-discovery perspective. My oh my how have things changed in the last 10 years when it comes to e-discovery especially from the attorney's point of view. If you're looking for an additional laugh, you can always visit our entire catalog of E-Discovery Memes and Cartoons, and... Read More

Case Law Alert: Data Retention Policies Save Spoliating Party

Created on August 5, 2019


Director of Marketing at Exterro

Mafile v. Kaiser-Francis Oil (N.D. Okla. May 21, 2019) re-enforces a harsh reality for legal teams, it's their  obligation that necessary steps are taken to preserve data from recently departed employees or risk spoliation if a departing employee is involved in pending litigation. Overview: In this employment case, the plaintiff motioned for spoliation sanctions against her former employer, the defendant, for not preserving the plaintiff’s work computer. After being fired by the defendant, the plaintiff’s counsel sent a notice reminding the defendant of their obligation to preserve data. Nevertheless, via deposition, the defendant’s... Read More

E-Discovery Day Date Announcement: December 4, 2019

Created on August 5, 2019


Director of Marketing at Exterro

Exterro, along with 4 premier supporting organizations (ACEDS, BrightTalk, General Counsel News, Today's General Counsel) announced that the fifth annual E-Discovery Day will take place on December 4, 2019.  E-Discovery Day was started in 2015 as a way for the e-discovery industry to come together to celebrate the vital and growing role that e-discovery plays in the legal process. It is an industry wide, vendor neutral celebration that includes in-person educational and networking events, online webinars, CLE opportunities, white papers, social media conversation, and more. In 2018, over 3000 e-discovery and legal professionals celebrated... Read More

Wiped Hard Drives, Lost Devices, User Error, and Technology Nightmares

Created on July 29, 2019


Director of Marketing at Exterro

E-Discovery and technology go hand in hand. With most modern communications happening on mobile phones or computers, via text, email, or instant message, the challenges of finding, preserving, and producing data are inherently technical. The subject of the investigation is a technology, and the means of accessing the information is through technology as well. And as we all know, mistakes can happen. Whether user error or device failure, some of the worst case scenarios in e-discovery are technology issues.In the third and final week of our e-discovery "worst case scenarios" blog post... Read More

Case Law Alert: Lying Defendant Leads to E-Discovery Sanctions

Created on July 22, 2019


Director of Marketing at Exterro

University Accounting Service, LLC v. Ethan Schulton (D. Or. June 7, 2019) reminds us all that bad actors/custodians exist in this world making it imperative for organizations to have security protocols in place to stop the theft of company IP from departing employees. Overview: In this employment and breach of contract case, the plaintiff motioned for case dismissal and lesser e-discovery sanctions against the defendant for destroying data with the intent of not allowing the plaintiff to use such evidence in trial. The defendant was subpoenaed for all documents pertaining to defendant’s... Read More