Exterro's E-Discovery Breakdown

The world of E-Discovery 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.

Examining E-Discovery Statistics: Where in the EDRM Can You Save the Most Money?

Created on May 31, 2019


E-Discovery Market Analyst at Exterro

There are plenty of reasons why an enterprise should conduct as much of its own e-discovery as possible. It lets you ensure that your practices are defensible. It gives you visibility into the process, so you understand where you are at any give time. You can define the process and identify areas where you can create further efficiencies.  For many (and probably most) organizations, the decision to in-source e-discovery operations usually comes down to one big factor: saving money. In our 3rd Annual Study of Effective Legal Spend Management, produced in partnership with the Blickstein... Read More

Aligning AI Technology with Your E-Discovery Process

Created on May 31, 2019


E-Discovery Market Analyst at Exterro

It seems like the artificial intelligence freight train of the past couple years is finally slowing down, at least in the e-discovery space. For as long as I've been blogging in this space (about 18 months now), there has been a pretty steady drumbeat of articles taking one of two diametrically opposed perspectives on AI: The Robot Lawyers Are Coming for Us All! or  AI Is Just Marketing Hype We've all seen these hot takes a few times--and actually, that's probably part of the problem. Any article on artificial intelligence quickly departs... Read More

Friday Funnies: Exterro's E-Discovery Meme Series (Run Away! Edition)

Created on May 31, 2019


E-Discovery Market Analyst at Exterro

Everyone probably has some tasks in their work that make them want to run away, but it's probably safe to say that for IT professionals, some of the tasks they dread most would be e-discovery related. But at the end of the day, they have to be done. If you're an e-discovery professional and you're having some difficulties communicating effectively with your IT team, then check out our blog interview with Gene McKelvey for some great tips for communicating with your IT peers. And if you'd rather just have a laugh... Read More

Tiger Woods and the Nuances of the FRCP

Created on May 24, 2019


E-Discovery Market Analyst at Exterro

Golf has a long reputation as a gentleman’s sport, one in which a self-enforced ethical code makes cheating exceedingly rare. If a golfer breaks a rule of the game, he or she is expected to self-report the violation and accept the appropriate penalty. However, Tiger Woods’ recent legal troubles may, if true, have a business owned by him in partnership with his girlfriend, in trouble for cheating. It is not this blog’s habit to take sides in public legal disputes no matter what the stakes, and certainly I’ll not be changing that... Read More

4 Ways to Be Proactive in the E-Discovery Process

Created on May 24, 2019


E-Discovery Market Analyst at Exterro

Civil litigation—especially for the defense—often feels like a purely reactive process, a series of responses to an opposing party’s actions. But in reality, it shouldn’t be—especially for organizations who have the resources to have a dedicated legal department and technology to support its members. Of course, the costs of a reactive posture fall most seriously on the members of the legal team scrambling to get work done under tight deadlines: issuing legal holds and tracking compliance; preserving data from myriad sources from mobile devices to laptops to cloud platforms; and reviewing terabytes... Read More

There's More to E-Discovery Maturity Than You Think in New Gartner Report

Created on May 24, 2019


E-Discovery Market Analyst at Exterro

For the past several months, dating back to the release of Exterro and EDRM’s E-Discovery Maturity Quiz in September, this blog has looked at a variety of ways for organizations to either self-assess their e-discovery maturity, improve it, or benchmark it against their peers. Now, in its recent report on e-discovery, Defining Your E-Discovery Process Will Lower Costs and Reduce Risks, Gartner has provided another way to look at e-discovery maturity, recognizing that enterprises vary in the amount of their in-house capabilities. Where the E-Discovery Maturity Quiz, and its predecessor, EDRM’s eMSAT-... Read More

Case Law Alert: Auto-Destructing Text Messages Lead to Spoliation Sanctions

Created on May 24, 2019


Director of Marketing Programs at Exterro

Nuvasive, Inc. v. Kormanis (M.D. N.C. Mar. 13, 2019) shows that when the duty to preserve is triggered, it’s imperative that parties take immediate measures to preserve data in a variety of locations including personal cell phones. Overview In this employment/breach of contract case, the plaintiff filed for spoliation sanctions against the defendant for deleting his “email account and willfully allow[ing] his text messages to be deleted.” Within e-discovery, the plaintiff requested text messages between key custodians. The defendant could not produce the requested text messages, because his text messages were automatically deleted... Read More