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 (Burn Them All Edition)

Created on May 24, 2019


E-Discovery Market Analyst at Exterro

Hopefully, unlike a certain former protagonist on Game of Thrones, you differentiate between "feeling angry" and "burning a city down." Seriously, though, if you're having a tough time getting custodians to comply with your legal holds, you might want to brief them on the importance and seriousness of their obligation by reminding them of the legal consequences of failing to preserve relevant ESI. And if you'd rather just have a laugh, you can always visit our entire catalog of E-Discovery Memes and Cartoons, and feel free to share the fun with friends and... Read More

If You Want to Save Money on E-Discovery, You Can

Created on May 17, 2019


E-Discovery Market Analyst at Exterro

Anyone with more than a passing acquaintance with this blog knows we believe that, for many organizations, in-sourcing e-discovery operations and implementing an e-discovery platform make good sense. The benefits are clear-cut and real. It helps you ensure you’re complying with the requirements of the FRCP, reducing your risk of data spoliation and accompanying sanctions. It gives you visibility into the process, allowing you to understand where you’re succeeding, where you could do better, and make appropriate changes. It saves time, increases efficiency, and facilitates coordination between legal and IT. But at... Read More

3 Benefits of Bringing E-Discovery In-House According to New Gartner Report

Created on May 17, 2019


E-Discovery Market Analyst at Exterro

We conduct a fair amount of research into the e-discovery marketplace here at Exterro. Whether it’s into the composition and practices of in-house legal teams or the federal judiciary’s opinions on managing e-discovery, we try hard to provide valuable insight for our audience of in-house e-discovery professionals. We have confidence in the results of our surveys and the recommendations we make based on them. But it’s also great to get validation from outside experts, like Gartner. In their recent report, Defining Your E-Discovery Process Will Lower Costs and Reduce Risks, Gartner came... Read More

Case Law Alert: Check with Third Parties before Asking for Spoliation Sanctions

Created on May 17, 2019


Director of Marketing Programs at Exterro

Clearly understanding the requirements for spoliation sanctions under Rule 37(e) will save you a lot of time, especially when you haven’t confirmed whether data is irretrievable or not. Unfortunately, the defendant in Envy Hawaii LLC v. Volvo Car USA LLC learned this lesson the hard way by not following up with third parties who might have had copies of the requested data. Overview In this contract case between a local car dealership and their national distributor, the defendant filed a motion for spoliation sanctions based on the plaintiff not preserving “Google e-mail... Read More

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

Created on May 17, 2019


Creative Manager at Exterro

Of course you do have a defined process. No e-discovery professional worth his or her salt would be satisfied with a reactive fire drill every time litigation or an investigation started. But if you're just getting started on your e-discovery journey, check out our Comprehensive E-Discovery Workflow Guide for some recommendations to help you get started. And if you'd rather just have a 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 to celebrate another successful week! Remember... Read More

The Two Big Reasons to Define Your E-Discovery Process from New Gartner Report

Created on May 10, 2019


E-Discovery Market Analyst at Exterro

For many organizations, e-discovery often ends up as a reactive fire drill, rather than a standard business process. Perhaps the IT is unaware of potential litigation risks and has to scramble to preserve electronically stored information (ESI) before it is deleted. Or maybe the legal department hasn’t heard about a human resources issue that has become contentious. So the arrival of a litigation notice is unanticipated, and teams spring into action, doing what they think is best. They may do a fantastic job, preserve all the relevant ESI, and set up outside... Read More

3 Trends in E-Discovery at Government Agencies

Created on May 10, 2019


E-Discovery Market Analyst at Exterro

Although much of the focus on e-discovery is around civil litigation involving large corporate entities, it's clearly not restricted to that sphere. In fact, government agencies have a strong need for e-discovery technology and processes as well, to respond effectively to both e-discovery and public records requests. In fact, federal government agencies are in the midst of implementing The Managing Government Records Directive (M-12-18), with the goal of having all permanent government records stored electronically this year.  Exterro recently undertook a survey of e-discovery and records management professionals at federal, state, and local government agencies... Read More