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.

Court Uses Inherent Authority Over Rule 37(e) to Grant Spoliation Sanctions

Created on December 18, 2019

Director of Marketing at Exterro

Guarisco v. Boh Brothers Construction (E.D. La. October 3, 2019) shows that even though the FRCP 37(e) is supposed to be a catch-all for when spoliation sanctions are warranted, this court side-stepped this rule and used its inherent authority to issue sanctions, making it unclear when and how 37(e) applies.  Overview:In this lawsuit, which stemmed from an automobile accident, the defendant asked the court to issue spoliation sanctions due to the plaintiff’s “intentionally altered and deleted photos at the accident to better support her claim.”The defendant claims that plaintiff altered a photograph and deleted 22 videos and photographs... Read More

Be Prepared! Don’t Show Up to Your Rule 26(F) Meet-and-Confer With Nothing But a Boilerplate

Created on December 13, 2019

Director of Marketing at Exterro

One of the key themes that federal judges have been emphasizing of late was around the importance of preparation and precision, both in crafting discovery requests and in objections. The revised Federal Rules of Civil Procedure make it quite clear that you must prepare requests with "reasonable particularity." Put more simply, you can't fake it. You have to know your stuff. What are you asking for? What are the reasons for your objection? Fortunately, early case assessment technology can help you get a look at the information you need before you even have... Read More

Friday Funnies: Exterro's Meme Series - Too Much E-Discovery Edition

Created on December 13, 2019

Director of Marketing at Exterro

And you can never have too many e-discovery memes. If you, like this young man, are an e-discovery addict, take a look at our Top 10 E-Discovery Cases from 2019—it's just what the doctor ordered.  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

Parties Escape Sanctions Even with Relevant Data Deleted

Created on November 22, 2019

Director of Marketing at Exterro

Cruz v. G-Star Inc. (S.D.N.Y. September 30, 2019) shows that the 2015 amendments to the FRCP e-discovery rules helped the spoliating party escape sanctions due to the duty to preserve, and FRCP 37(e)’s more stringent standards for imposing e-discovery sanctions. Overview:In this alleged discrimination case, the plaintiff requested e-discovery spoliation sanctions against her former employer, the defendant, for deleting the plaintiff’s emails and SAP account. The magistrate judge recommended that the court give an adverse inference instruction based on the following:• The duty to preserve arose when plaintiff first complained to HR• When... Read More

The Continuing Trend of Moving E-Discovery Operations In-House

Created on November 15, 2019

Director of Marketing at Exterro

Perhaps one of the more understated statistics from Exterro’s 2019 In-House Benchmarking Report pertains to the growth of internal e-discovery teams. Over the last five years that we’ve been surveying legal professionals, we’ve seen a mostly steady climb in both the number of e-discovery teams established within corporate legal departments and the size of those teams. This year’s survey indicated that 50% of in-house legal departments now have an on-site e-discovery team. Considering e-discovery is now an estimated $10 to $17 billion industry, this may not be all that surprising. But the... Read More

Parties Escape Spoliation Sanctions Even with a "Woeful Lack of Proactivity"

Created on November 8, 2019

Director of Marketing at Exterro

Wolff v. United Airlines (D. Colo. Sept. 17, 2019) showcases being reactive rather than proactive regarding preservation obligations. The two parties in this case escaped spoliation sanctions—even though both parties showed a “woeful lack of proactivity, thoughtfulness or reasonableness in attempting to meet their preservation obligations.” Overview:In this employee termination/discrimination case, the plaintiff and the defendant both moved for spoliation sanctions against each other.The plaintiff alleges that the defendant failed to preserve his company cell phone, company computer, and handwritten notebooks, all of which contained relevant evidence to the case. Based on this... Read More

ACC Conference Recap: Privacy Laws Igniting a Sea Change for In-House Attorneys

Created on November 1, 2019

Director of Marketing at Exterro

The Association of Corporate Counsel (ACC) has over 40,000 in-house attorney members, meaning the ACC Annual Conference boasts the largest gathering of in-house attorneys every year. The people who attend this conference are the drivers of the legal market. they are the client. They set the market for what legal services and technology will be leveraged by legal service providers (law firms, consultants, service providers).For an industry that is slow to change, that characteristic was hard to find here at the ACC Conference this year. Most the sessions I attended involved a... Read More