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.

Case Law Alert: Special Master Recommends Default Judgement, and Why the Judge Said No

Created on September 28, 2018


Director of Marketing Programs at Exterro

Even when egregious, intentional e-discovery conduct leads to the spoliation of potentially relevant data, the court will be wary to issue case dispositive sanctions because of the amendments to FRCP 37(e). In Daniel Small v. University Medical Center (D. Nevada, Aug. 9, 2018), the special master delivered his report before the December 2015 amendments to the Federal Rules of Civil Procedure. The court, in its ruling four years later, declined to implement its recommendation of a dispositive default judgement, choosing instead to issue an adverse jury instruction and monetary fines.Overview: In this class claim for... Read More

Friday Funnies: Exterro's E-Discovery Meme Series (Tired Review Kitten Edition)

Created on September 28, 2018


Marketing Communications & Events Manager at Exterro

There are few elements of the e-discovery process that call up memories of all-nighters like document review. Tired kittens (and maybe tired college students) can still manage to look cute. I don't know if tired e-discovery professionals do--but thankfully, e-discovery professionals have review technology (like predictive coding and AI) to help them through the process... so hopefully all-nighters will be a thing of the past. Learn about the latest and greatest in review technology in Exterro's infographic on What AI Is--And Isn't--In E-Discovery.And if you'd rather just have a laugh, you can always visit... Read More

The Basics of E-Discovery: E-Discovery Technology

Created on September 21, 2018


Senior Solutions Consultant at Exterro

What Is the Role of Technology in the E-Discovery Process? Technology assists in the e-discovery process in three ways. It helps you manage the e-discovery process. It allows you to perform certain tasks faster or better. It facilitates collaboration between the multiple parties engaged in e-discovery. So, for example, in e-discovery, we need to collect all the electronically stored information (ESI) relevant to a particular matter. Technology can help us find relevant documents more quickly, bring them to our systems to help us analyze them, and then transfer them to another party... Read More

Friday Funnies: Exterro's E-Discovery Meme Series (Dr. Evil Edition)

Created on September 21, 2018


E-Discovery Market Analyst at Exterro

If you're working in e-discovery, there's nothing more evil than an intentional spoliator who flaunts their legal hold notifications. However, much like Dr. Evil didn't realize that $1 million wasn't that much money anymore... perhaps he's also unaware that in-place preservation technology might foil his evil plan to delete data. (And if you didn't know, may I suggest a webcast on the topic from Exterro's Webcast Series on Essential E-Discovery Technology for 2018? And if you'd rather just have a laugh, you can always visit our entire catalog of E-Discovery Memes and Cartoons, and feel... Read More

Are You Up to Date on E-Discovery Case Law?

Created on September 14, 2018


E-Discovery Market Analyst at Exterro

With amendments to the Federal Rules of Civil Procedure (FRCP) a rare occurrence, the courts need some way to move the needle on e-discovery best practices. After all, technology, especially around communication, is constantly evolving. The way they adjust course is through case law--hence the need for e-discovery professionals (both litigators and behind-the-scenes practitioners) to stay on top of the recent rulings that affect legal hold notifications, preservation policies, technology assisted review, and more.  As the summer comes to an end and we transition into fall, it makes sense to look at the... Read More

Case Law Alert: Court Grants Request to Produce Social Media Files, Orders Supplementation Regarding FitBit Data

Created on September 14, 2018


Director of Marketing Programs at Exterro

In the past, social media and other new data types (i.e., activity tracker information) has not been widely requested in e-discovery activities. With increased social media use, however, that is changing, as in Hinostroza v. Denny's Inc. (D. Nev. June 29, 2018). Have processes in place to preserve and produce this data, especially in a world becoming more dependent on social media and new data types for communicating and tracking analytics.OverviewIn this slip and fall case, the defendant, Denny’s, moved to compel discovery of a variety of data sources. In discovery, the defendant... Read More

The Basics of E-Discovery: Predictive Coding and AI

Created on September 14, 2018


Solutions Consultant at Exterro

What Is Predictive Coding?Predictive coding is a technology that assists document reviewers during the review phase of the EDRM. Typically it uses machine learning to label documents after the reviewers have completed some review, creating a “seed set” of coded (or labelled) documents. It improves the efficiency of human reviewers by understanding how they’ve labelled documents and then using those criteria to apply labels to documents that have not been reviewed yet.How Does Predictive Coding Differ from Artificial Intelligence (AI)? Artificial intelligence is an overarching term where the technology is doing... Read More