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.

Logistical Best Practices for Managing a Document Review

Created on February 28, 2020

Director of Marketing at Exterro

With market forces demanding in-house legal departments do "more with less," legal operations and legal project management are disciplines whose time has arrived. More and more in-house departments and law firms are hiring professionals (whether legal pros or project management specialists) to ensure that projects come in on-time and on-budget. But unfortunately, not every legal department has the luxury of hiring dedicated project managers or operations specialists. Sometimes legal pros, whether paralegals or attorneys, have to make do. But mastering the basics of e-discovery project management is possible--and we're here to... Read More

Requests for Text Messages Must Be Narrowly Tailored

Created on February 21, 2020

Director of Marketing at Exterro

Lawson v. Love's Travel Stops & Country Stores, Inc. (M.D. Penn, Jan. 9, 2020) showcases how, with a continued focus on requesting text messages in discovery, courts are asking parties to narrowly define their requests. Overview:In this Fair Labor Standards Act case, the plaintiffs requested that the defendant produce text messages from company issued cell phones assigned to the defendant’s supervisors. The defendant opposes for two reasons: (1) Plaintiffs made an untimely request for this data and (2) The request was not relevant or proportional to the case. This fight between... Read More

Becoming the Linchpin: How E-Discovery is Changing the Role of Paralegals

Created on January 17, 2020

Director of Marketing at Exterro

Often, when you think of the role of a paralegal, things like drafting documents, scheduling meetings, and taking notes come to mind. But that's so 20th century. In reality, the role of paralegals is rapidly evolving, with traditional responsibilities being augmented or even replaced by new focus areas and opportunities for advancement. E-Discovery is playing a significant role in these changing responsibilities. More and more, in-house e-discovery teams require a dedicated project manager to coordinate operations between the team members with more specialized roles, namely attorneys and IT experts. Often this role is filled by... Read More

Friday Funnies: Exterro's Meme Series - Peloton Edition

Created on January 17, 2020

Director of Marketing at Exterro

Remember this lady? Well, she's back with an even more disappointing present for general counsel and chief legal officers everywhere. Luckily, we've got you covered with great e-discovery and data privacy content to help calm your nerves. Or maybe a bike ride would help? 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 with friends and colleagues. Remember, E-Discovery is always better when you have a sense of humor. Cheers... Read More

3 Data Privacy Recommendations for Security and Risk Management Leaders

Created on January 10, 2020

Director of Marketing at Exterro

New privacy regulations are creating radical shifts in societal expectations regarding data security. What started with the General Data Protection Regulation (GDPR) in the UK has continued with the California Consumer Privacy Act (CCPA) in the US—and these are changes require a variety of an organization’s division managers to come together to confront challenges that affect almost every aspect of daily business. But with new privacy regulations developing at a rapid pace, many organizations and their internal IT, Security, Legal, Sales departments have been left confused and “unable to adapt their privacy... Read More

How Much Prejudice is Needed to Warrant an Adverse Inference Instruction?

Created on January 2, 2020

Director of Marketing at Exterro

Schmidt v. Shifflett (D.N.M. Oct. 28, 2019) showcases that, under FRCP 37(e), in order to be granted spoliation sanctions, the moving party must show that they were prejudiced by the spoliation. In this case, the court ruled that the prejudice suffered must be “severe,” leaving us to wonder: what level of prejudice is needed to warrant spoliation sanctions? Overview:In this personal injury case involving a car crash, the plaintiff sought spoliation sanctions under FRCP 37(e) for the defendants “intentionally” destroying his personal mobile phone, leading to failed preservation of relevant data.After the... Read More

MD5 Hashing: The Foundation of a Defensible E-Discovery Process

Created on December 26, 2019

Director of Marketing at Exterro

Commonly referred to as a "digital fingerprint," a hash value is a special encryption code that is associated with each computer file. Hash values provide digital files with a unique identifier that corresponds to its contents. If the contents change, the file's hashtag will change as well, indicating that the file is not the same as it was before. In e-discovery, one can compare hash values before and after collection to verify that a file is the same before and after collection. To understand how MD5 hashing relates to e-discovery one must... Read More