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.

Visit Exterro at the ACC Annual Meeting

Created on November 1, 2019

Director of Marketing at Exterro

From today until Wednesday, Exterro will be hosting a booth at the Association of Corporate Counsel’s Annual Meeting in Phoenix, Ariz., highlighting our Vendor Risk Service solution. Additionally, Exterro will be hosting a session that breaks down third-party data and privacy and cybersecurity risks on October 30 at 10:30 a.m.. That session details how to ensure third parties you partner with are complying with regulations like the California Consumer Privacy Act (CCPA), and has been fully booked. Exterro will be offering demos of our Vendor Risk Service platform at our booth, which... Read More

Friday Funnies - Exterro's Meme Series: Cat Bun Edition

Created on October 25, 2019

Director of Marketing at Exterro

No, this is not a shameless attempt to tie a cat meme to e-discovery. 👀 Seriously though, Technology Assisted Review (TAR) is pretty cool, and you can read about it in our Comprehensive Guide to E-Discovery Review. After all, it's always nice to get an extra set of eyes on potentially sensitive material. And cat memes.  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... Read More

The Vexing Question of "Possession, Custody, Control" in Today's Digital Age

Created on October 18, 2019

Director of Marketing at Exterro

Pentel v. Shepard (D. Minn. Aug. 8, 2019) re-enforces that in today’s digital world, the question of whether a party has possession, custody or control over information requested to be produced is a vexing one. In this case, a wireless service provider with records of old text messages was in the defendants’ control. Overview:In this business conspiracy case, the plaintiff motioned the court to compel the defendant to produce allegedly relevant text messages. The defendant argued that he didn’t need to produce the text messages because he no longer had “possession, custody or... Read More

3 Ways to Simplify E-Discovery Across the Extended Enterprise

Created on October 4, 2019

Director of Marketing at Exterro

When you think about the challenges to developing a simplified e-discovery process, what comes to mind? Chances are, a handful of words stand out—words like “cost,” “time,” and “risk,” to name a few. However, those are also words you can use to describe an e-discovery process that hasn’t totally matured yet. Without a simplified e-discovery process that’s efficient across all your business functions, there’s a good chance you’re spending more money and time than you’d like, and potentially putting your organization at a greater risk than is necessary. Let’s take a look... Read More

Case Law Alert: Cautionary Tale of How Not to Conduct Discovery

Created on October 4, 2019

Director of Marketing at Exterro

Abbott Laboratories, et al. v. Adelphia Supply USA (E.D.N.Y. May 2, 2019) re-enforces that every once in a while there is a case that showcases exactly what not to do in e-discovery. This is that case, and it led to a recommendation for one of the harshest penalties possible: a default judgement.Overview:In this case centering around the illegal selling of the plaintiffs’ products, the plaintiff motioned for a default judgment against the defendants for egregious e-discovery misconduct. Within e-discovery, the Magistrate Judge concluded that the defendants did the following: Produced information in a single PDF document, 1,941 pages... Read More

Expensive Production Request Deemed “Costly Fishing Expedition"

Created on September 20, 2019

Director of Marketing at Exterro

Pentel v. Shepard (D. Minn. Aug. 8, 2019) re-enforces that for a request for production to be deemed proportional, not only does the data need to be relevant to the case, but the data must help prove the requesting party’s claims or defense.Overview:In this class-action privacy lawsuit, the plaintiffs sought to compel a non-party to produce information that would showcase what specific private data was improperly accessed by the defendants. In addition, the plaintiffs asked the defendants to review that data for responsiveness.The non-party rejected to producing the requested information because it would be “unduly burdensome because of the volume of responsive information and... Read More

Case Law Alert: Be Specific When Asking the Court to Compel Production

Created on August 30, 2019

Director of Marketing at Exterro

Washington v. GEO Group (W.D. July 1, 2019) re-enforces that if you’re trying to get the court to compel production of data from your opponent, it's important to be specific about which requests they have failed to comply with, and why the requested information is relevant and proportional.Overview:In this case the defendant, GEO Group, tried to compel the plaintiff, the state of Washington, to produce data from numerous state agencies that, allegedly, was “extremely relevant” to the plaintiff’s defense.The state argued that it turned over thousands of responsive documents and that GEO’s... Read More