Exterro's E-Discovery & Privacy Breakdown

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.

Court Rules “Mere Negligence” Sufficient to Warrant Adverse Inference Sanction

Created on September 9, 2020


Director of Marketing at Exterro

Integrated Communications & Technologies v. Hewlett-Packard Financial Services Company (D. Mass. August 13, 2020) shows that under FRCP 37(e), the court is given strict guidelines when to enforce e-discovery sanctions. In this case, the court decided not to follow FRCP 37(e) and cite case law before FRCP 37(e) was enacted, leaving ambiguity of what certain e-discovery sanctions apply. Overview:In this breach of contract case, the defendant sought e-discovery spoliation sanctions against the plaintiffs for the “alleged failure to preserve—and their alleged deliberate or reckless spoliation of—electronically stored information.”Data that was deleted... Read More

Lessons Learnt from Recent European Data Protection Enforcement Actions

Created on September 3, 2020


European Marketing Director

It has now been over 2 years since the General Data Protection Regulation (GDPR) came into effect. As most will now know, these regulations have dramatically increased the onus on organisations to take a proactive approach to data effective governance and reduce their exposure to Legal Governance, Risk and Compliance (Legal GRC) challenges. The monetary penalties for failure to comply with data protection are potentially severe. The reputational damage can fold businesses. Recent enforcement actions from supervisory authorities across Europe have demonstrated that organisations must take stock and ensure they establish and... Read More

Friday Funnies: Exterro's Meme Series - Privacy Shield Edition

Created on September 3, 2020


Digital Marketing Manager

But how will we comply with the GDPR now? Who says e-discovery isn't funny? 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 you have a sense of humor. Cheers! Read More

Attorney Perspective: The Importance of Data Privacy

Created on September 1, 2020


Content Manager at Exterro

When attorney Darius Bennett first got involved in e-discovery seven years ago, he didn’t necessarily envision that data privacy would play a role in his day-to-day—but these days, data knows no boundaries. “When the [COVID-19] pandemic hit, data security and privacy became immediate concerns because everyone who could was now working from home, but not everyone was prepared to do that from a cybersecurity and privacy standpoint,” said Bennett. “Although I already worked from home, I became even more interested in being well-educated on the topics of the secure transfer of data... Read More

What Will Happen to the Role of the E-Discovery Professional?

Created on August 28, 2020


European Marketing Director

The evolution in global data protection and privacy regulations has meant that the e-discovery industry needs to continue to step forward in order to keep up to date with regulatory and compliance duties. On the opposite side of the coin, internal organisational pressures resulting from the need to reduce costs and improve efficiencies—partly due to the impact of COVID-19 on business—is forcing the e-discovery function to adapt and increase its value to the enterprise. More processes are moving in-house and in doing so, more uses are being discovered that e-discovery is perfectly... Read More

Friday Funnies: Exterro's Meme Series - Walk This Way Edition

Created on August 27, 2020


Creative Manager at Exterro

It's certainly a good time to become a Master of Data Privacy. Who says e-discovery isn't funny? 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 you have a sense of humor. Cheers! Read More

Brazil's General Data Protection Law to Take Effect Immediately

Created on August 27, 2020


Demand Generation Manager, Exterro

Overview: Originally approved in 2018, The Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais or LGPD) was expected to take effect on August 14, 2020. In April, however, President of Brazil, Jair Bolsonaro issued a Provisional Measure that provided COVID-19 emergency aid and the postponement of the LGPD law to May 2021. After a Senate vote on August 26th, the LGPD will now come into effect immediately, also requiring that the National Data Protection Authority (ANPD), responsible for applying the sanctions of the new law be created soon... Read More