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.

Friday Funnies: Exterro's E-Discovery Meme Series (Left Exit Edition)

Created on April 12, 2019


E-Discovery Market Analyst at Exterro

E-Discovery professionals understand that you don't have to preserve everything--even when there's the potential for litigation--you have to be reasonable, proportional, and consistent. If you've got defined, defensible policies in place--and you follow them--you'll stay on the courts' good side. But sometimes a higher up hears about a problem, and everything takes a rapid detour. Avoid that problem by making sure you've got a solid grasp on what the courts expect around legal holds with Exterro's recent case law white paper, The Essentials of a Defensible Legal Hold Process. But of... Read More

3 Essentials of a Defensible Legal Hold Process

Created on April 5, 2019


E-Discovery Market Analyst at Exterro

The preservation process may just be the most important stage of the e-discovery process, as it is the foundation of everything that follows. There can be no collection, review, or production of relevant information if your organization failed to preserve it in the first place.  Case law outlines the broad strokes of what is required in a legal hold practice. That's why we've pulled together six recent case law rulings in the Exterro white paper The Essentials of a Defensible Legal Hold Process that can tell you what steps you need to take to... Read More

Don't Get Fooled: E-Discovery Production Matters!

Created on April 5, 2019


E-Discovery Market Analyst at Exterro

We spend a lot of time thinking about best practices for all the stages of the e-discovery process here at Exterro. We've created hundreds of educational resources, from webcasts to white papers, blog posts to checklists, that educate and inform e-discovery professionals on legal hold, early case assessment, document review.  Every year, we survey federal judges and in-house legal professionals. We examine trends in legal spend management and working with law firms. And we hope that you've found our resources helpful. In fact, I strongly suggest you go check out our Resource... Read More

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

Created on April 5, 2019


Creative Manager at Exterro

No one wants to be accused of being "vague, overly broad, and unduly burdensome," least of all an e-discovery professional. But, according to judges, those terms appear all too often in connection with e-discovery motions and objections. Make sure you're avoiding these sorts of tongue-lashings, and the associated risks of sanctions, by making sure you're following the courts' guidance on e-discovery matters by downloading our recent case law white paper, The Essentials of a Defensible Legal Hold Process. But of course if you're just interested in a chuckle, you can always visit our entire... Read More

10 Practical Tips from Federal Judges for E-Discovery Attorneys

Created on March 29, 2019


E-Discovery Market Analyst at Exterro

In a recent webcast (which you can hear a full replay of here), three federal judges participated in a spirited discussion about the findings of Exterro’s and EDRM’s 2019 Federal Judges Survey, in which 264 federal judges shared their opinions on a variety of topics ranging from sanctions to cooperation, and attorney competence to effective communication. You might think that a conversation with three federal judges about what other judges think about e-discovery might end up heavy on the case law and legal theory… but in this case, you’d be wrong... Read More

Case Law Alert: Private Data Stored in Mobile Devices May Lead to Production Concerns

Created on March 29, 2019


Director of Marketing Programs at Exterro

In Henson v. Turn (N.D. Cal. Oct. 22, 2018), the court reminded attorneys that appropriately accounting for the proportionality concerns of Rule 26(b)(1) includes scoping production requests in a way that reduces the potential for the production of irrelevant private data. Overview In this data-privacy class action lawsuit, the e-discovery dispute centered around the defendant’s production request for mobile device data including: Inspection or forensic images of the plaintiffs’ mobile devices Complete browsing history Cookies stored and deleted The plaintiffs argued that this request “flies in the face of Rule 26(b)’s relevancy and... Read More

Logistical Best Practices for Managing a Document Review

Created on March 29, 2019


E-Discovery Market Analyst at Exterro

This blog post was updated on March 25, 2019. With market forces demanding in-house legal departments do "more with less," legal operations and legal project management are disciplines whose time has arrived. More and more in-house departments and law firms are hiring professionals (whether legal pros or project management specialists) to ensure that projects come in on-time and on-budget. But unfortunately, not every legal department has the luxury of hiring dedicated project managers or operations specialists. Sometimes legal pros, whether paralegals or attorneys, have to make do. But mastering the basics of... Read More