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How Mature Are Your Legal Department’s Operations?

Created on December 15, 2017


E-Discovery Market Analyst at Exterro

As a profession, law department operations is maturing—and given the nature of operations professionals, there’s data a-plenty to prove it in the Blickstein Group’s 10th Annual Law Department Operations Survey. The survey asked respondents to rate the maturity of their operations across 13 areas—and over 60% rated themselves three or higher on a scale of one to five. “Considering how new many law department operations functions are, and how much there is to be done, it’s very surprising that so many consider themselves to be mature,” comments Reese Arrowsmith, VP and Head... Read More

Case Law Alert: Not Cooperating, Making False Statements Leads to E-Discovery Sanctions

Created on December 15, 2017


E-Discovery Market Analyst at Exterro

While the legal system at its heart is adversarial, it will behoove legal teams to take down their guard and be cooperative during the e-discovery process. Rulings like this show that trying to “hide the ball” and slow down e-discovery activities will not be tolerated by the court. Overview: In this wage-and-hour case, the plaintiff motioned for e-discovery sanctions under FRCP 37(e) based upon the defendant’s (1) failure to fully respond to plaintiff’s discovery requests and (2) inability to ensure the production was responsive to the requests made by the plaintiff. Within... Read More

Friday Funnies: E-Discovery Meme Series (Kim K Edition)

Created on December 15, 2017


E-Discovery Market Analyst at Exterro

Let’s revisit our meme of the day from E-Discovery Day—When Document Review Gets Too Real. Sometimes it’s tough to hold it in when things get real, but we know that real e-discovery pros can hold it together a little better than this. 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 is always better when you have a sense of humor. Cheers! Read More

What Can You Learn from the Top E-Discovery Cases of 2017? NEW EXTERRO WEBCAST

Created on December 8, 2017


E-Discovery Market Analyst at Exterro

As Bree Kelly remarked in her E-Discovery Day recap of case law trends and court opinions in 2017, "There were fewer bombshells and a little more instruction." But just because there might have been a little less high drama doesn't mean 2017's rulings won't make significant impacts on e-discovery practices. Instructive rulings on control (Van Zant v. Pyle), defensibility (Mirmina v. Genpact LLC), and proportionality (Solo v. UPS) all provided sensible, practical guidance to legal teams.And while the cases in our Simplified E-Discovery Case Law Library allows you to learn from—and avoid—mistakes... Read More

Case Law Alert -- Fishing Closed: Judge Says No to Production of Deleted Texts

Created on December 8, 2017


E-Discovery Market Analyst at Exterro

With the increasing attention courts are paying to proportionality in e-discovery, courts will not justify overly broad discovery requests to search for relevant information. Without reasonable parameters, such “fishing expeditions” are likely to be turned down with potentially negative repercussions. Think twice before ever using the word “all” when requesting data, because in today’s cost-conscious courtrooms such requests will be rejected. In Tingle v. Hebert (M.D. LA, June 8, 2017), the defendant's overly broad request was just such an expedition. Overview In this employment case, the defendant filed a motion to compel... Read More

Emerging Technologies in 2018: Buzz or Pay Attention

Created on December 1, 2017


E-Discovery Market Analyst at Exterro

Every year, a new wave of hot ideas rise to the top of the proverbial water cooler conversation in every field—and e-discovery is no exception. As part of our panel discussion on the essentials of every legal department’s e-discovery toolkit, Exterro Director of Marketing Programs Mike Hamilton asked Craig Ball, George Socha, Ralph Losey, and Maura Grossman to evaluate some of the hottest technology ideas in e-discovery to determine if they’re more buzz or a trend worth paying attention to in 2018. Without further ado, let’s hear what they—and our audience—thought. Mobile... Read More

edTalk: Is It Malpractice Not to Get a FRE 502 (d) Order?

Created on December 1, 2017


E-Discovery Market Analyst at Exterro

In the words of presenter Hon. Andrew Peck, US Magistrate Judge for the Southern District of New York, “absolutely, unequivocally yes.” Now, perhaps in his mind this post could end there, but we know our readers prefer a little more elaboration than that, so here goes. Enacted nine years ago, FRE 502 (d) provides legal teams with protection in the event that privileged material is inadvertently disclosed in the course of litigation. In Judge Peck’s opinion, this provision is severely underutilized. While 502 (b) provides for clawbacks of privileged information in the... Read More