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.

Friday Funnies: Exterro's Meme Series - Summer Blues

Created on August 21, 2020


Director of Marketing at Exterro

It was a short summer, Charlie Brown. 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

Miscommunication About Document Retention Policies Leads to Spoliation

Created on August 20, 2020


Director of Marketing at Exterro

Bolding v. Banner Bank (W.D. Wash. May 22, 2020) shows that—given the large amount of data stored throughout an organization—it’s imperative that legal teams effectively communicate what and who needs to preserve data and ensure document retention policies are updated accordingly to ensure relevant data is kept. In this case, the defendant didn’t have these communication plans created and it led to spoliation. Overview:In this class-action employment case, the plaintiffs motioned for spoliation sanctions and default judgement based on the defendant’s alleged intentional destruction of relevant information.After the complaint was filed... Read More

Colorado Data Privacy Law

Created on August 19, 2020


Demand Generation Manager, Exterro

Why This Privacy Law is Important: On September 1, 2018, the Colorado Protections for Consumer Data Privacy law went into effect. The new Privacy Law provisions are part of the Colorado Consumer Protection Act (“CCPA”), in a continued effort to protect personal data. Overview/Status of Bill: This bill went into effect September 1, 2018 Need to Know Information: Who it Applies To: Any person, commercial entity, or governmental entity that maintains, owns, or licenses personal identifying information (“PII”) of Colorado residents in the course of its business, vocation, or occupation. What is... Read More

Online French Retailer Fined: CNIL Adopts Its First Sanction as Lead Supervisory Authority

Created on August 18, 2020


Demand Generation Manager, Exterro

Overview: On August 5, 2020, the French Data Protection Authority (the CNIL, or Commission nationale de l'informatique et des libertés) announced that it has filed a fine of €250,000 on French online shoe retailer, Spartoo, for various infringements of the EU General Data Protection Regulation (GDPR). This is the first penalty under the GDPR enforced by the CNIL.Why Defensible Data Retention Policies Are Important: The CNIL found Spartoo’s full and permanent recording of telephone calls received by its customer service for employee training purposes to be excessive. The CNIL found that such... Read More

Friday Funnies: Exterro's Meme Series - Last Dance Edition

Created on August 13, 2020


Chief Marketing Officer at Exterro

But really: It pays to brush up on your data retention game. 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

Court Issues Broad Ruling over Waiver of Privilege

Created on August 13, 2020


Director of Marketing at Exterro

SEC v. RPM Int'l, Inc. (D.D.C. Ark., Feb. 12, 2020) shows that when conducting an internal investigation and using external auditors, under this ruling, attorneys should be very careful of what information they provide to third party organizations or else risk losing privilege protections in subsequent litigation regarding the same subject matter. Overview:Stemming from a SEC inquiry, in this case involving alleged violations of federal securities laws, the plaintiff requested the defendant produce all documents relating to a prior regulatory investigation.Before this case occurred, the defendant hired law firm Jones Day... Read More

Walkthrough on Data Retention Under the GDPR

Created on August 13, 2020


European Marketing Director

We all put effort into collecting data and using it effectively to create benefits and value for our customers and for our businesses.But are we giving enough thought to whether we really need all the data we collect? And how long we keep it for? The GDPR reminded us we should only collect the data we require and should only retain it for "as long as necessary." We’ve already seen regulatory actions leading to fines because businesses had retained data unnecessarily. So, what key steps can we take to ensure we are... Read More