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Case Law Alert: Not Addressing All 6 Proportionality Factors Leads to Failing E-Discovery Defense

Created on February 16, 2018


E-Discovery Market Analyst at Exterro

When making a proportionality argument it is imperative to address each proportionality factor. If you fail to address each factor, the court may rule against you, since all factors are weighed equally against each other. In Oxbow Carbon and Minerals LLC v. Union Pacific R.R. (D.D.C. September 11, 2017), the plaintiffs failed to address proportionality factors beyond cost, and the court ruled against them.OverviewIn this antitrust case, the defendants requested the plaintiffs produce “all documents belonging to their CEO,” which the plaintiffs refused based on the production being “unduly burdensome and disproportionate to any... Read More

Friday Funnies: Exterro's E-Discovery Meme Series (99 Problems Edition)

Created on February 16, 2018


E-Discovery Market Analyst at Exterro

If you're married to Beyonce and worth more than $800 million and still have 99 problems, then everybody's got problems. But if you consider yourself an e-discovery pro, then there's no excuse for defensible e-discovery workflows being one of them. Especially when you can make sure your workflows are in place and defensible with our Comprehensive E-Discovery Workflow Guide. Of course, if you'd rather just have a 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 to celebrate another successful week!Remember, E-Discovery... Read More

Four Critical Takeaways from the 2018 Judges Survey

Created on February 9, 2018


E-Discovery Market Analyst at Exterro

For the fourth year in a row, Exterro has conducted a survey of federal judges to better understand their opinion of the state of e-discovery law, competency, and practice. In 2018, with the help of partners BDO Consulting and EDRM at Duke Law, the survey went both wider and deeper. Thirty judges responded to the survey. In addition to quantitative data, the analysis of the survey data includes both quotes from respondents and expert analysis from eight sitting and recently retired judges. To put it mildly, some of the survey results offer... Read More

Legal Project Management Series: People

Created on February 9, 2018


E-Discovery Market Analyst at Exterro

In the first article of our series on legal project management (LPM), I looked at the fundamentals of LPM: a definition of the term, some key principles, and its increasing formalization over the past decade. It helped set up the terms of the conversation, so we could dig a little deeper into the topic over several posts. In this second article of the series, we’ll look at the people involved. Prior to the advent of LPM as a discipline, lawyers, and in some cases paralegals, served as de facto project managers. This... Read More

Friday Funnies: Exterro's E-Discovery Meme Series (Workflow Eyeroll Edition)

Created on February 9, 2018


E-Discovery Market Analyst at Exterro

We've all been on the receiving end of an eyeroll from a friend or colleague, and no one likes it. But in the world of e-discovery, there aren't many things more eyeroll-worthy than failing to have defensible workflows in place when you need them. After all, there's not much worse than a public scolding (or sanctions!) from the bench. Make sure your workflows are in place and defensible with our Comprehensive E-Discovery Workflow Guide. Of course, if you'd rather just have a laugh, you can always visit our entire catalog of E-Discovery Memes and Cartoons, and... Read More

Legaltech 2018: Day Three Recap

Created on February 2, 2018


E-Discovery Market Analyst at Exterro

If it’s Thursday, it must be the last day of Legaltech. I’m writing this blog post knowing the party convention is over, the exhibit booths are packed (personally), and the attendees are largely heading out of town, back to their jobs, to put to use the new skills and ideas they’ve learned and the new toys they’ve acquired (or will be acquiring shortly). Like day one of the conference, day three started off with an interesting topic that was related to, if not part of, the world of legal technology. The panel... Read More

Legaltech 2018 Day Two Recap

Created on February 2, 2018


E-Discovery Market Analyst at Exterro

Day two of Legaltech started off with a different sort of keynote. Instead of a single speaker laying out overarching themes for the day (and the conference as a whole), four judges familiar to the world of e-discovery (and our blog visitors) sat on a panel with moderator Patrick Oot of Shook, Hardy & Bacon. He facilitated a discussion of hypothetical e-discovery cases with Judges Andrew Peck, Joy Flowers Conti, Xavier Rodriguez, and William Matthewman. The panel used hypotheticals to offer their opinions on issues related to e-discovery, including accidental disclosure... Read More