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 (Change My Mind Edition)

Created on March 29, 2019


Director of Marketing Programs at Exterro

Whatever role you play in the legal system, it's safe to say that there are rewards available to people who can craft a thoughtful argument--or take one apart. That's certainly the case for judges, who are the ones who have to make the tough decisions on administering the rules, so we're not going to argue with them--we're merely going to report on their opinions and what we think their implications for the rest of the e-discovery community might be. That's certainly the case in our 2019 Federal Judges Survey, which contains... Read More

Take an E-Discovery Survey to Earn $20 for Charity

Created on March 22, 2019


E-Discovery Market Analyst at Exterro

Exterro rightly prides itself on producing a lot of compelling thought leadership for the e-discovery industry. Over the course of the year, we research trends, opinions, and practice of federal judges, in-house legal teams, and law firms to give e-discovery professionals perspective on what's happening in the industry.  Hopefully you find these resources helpful to you, but the fact of the matter is that coming up with this information also relies on you, our audience, since the data underlying the reports comes from surveys of professionals like you.  In partnership with Brad... Read More

Case Law Alert: E-Discovery Sanctions Issued in Jimi Hendrix Weed Case

Created on March 22, 2019


Director of Marketing Programs at Exterro

In Experience Hendrix, LLC et al. v. Pitsicalis et al. (S.D.N.Y. Nov. 27, 2018), the court ruling demonstrates the (rather obvious) lesson: if you don’t produce and then take multiple steps to hide relevant data, in most instances the court will issue significant e-discovery sanctions against you. Overview In this copyright infringement case, the plaintiffs motioned for e-discovery sanctions against the defendant for a variety of misconduct including spoliation and hiding evidence. The defendants, including Jimi’s brother, started a marijuana business and were attempting to use Jimi Hendrix’s image to sell their products... Read More

On the Virtues of a Platform Approach to E-Discovery: Thoughts on Complex Discovery's Drunks, DNA, and Data Transfer Risk in E-Discovery

Created on March 22, 2019


E-Discovery Market Analyst at Exterro

This post discusses Complex Discovery's excellent post, "Drunks, DNA, and Data Transfer Risk in E-Discovery," which I read for the first time yesterday. If you're taking the time to read this post, you should definitely check out the original on Rob Robinson's blog. I think it's safe to say that recent entertainment, especially television, is awash in shows that deal with forensic science in one way or another. I know I've spent more than a night or two watching episodes of shows like the Forensic Files or the First 48, and given the... Read More

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

Created on March 22, 2019


Chief Marketing Officer at Exterro

It's the middle of March, which of course means it's time for March Madness, the one time a year when even e-discovery professionals pay some attention to college basketball (although I guess with the increasing rate of recruiting scandals, maybe there are more e-discovery pros focused on basketball than I imagine). However, if you had optimized your e-discovery process--perhaps using the principles outlined in the 2nd edition of our Comprehensive Guide to E-Discovery Project Management--you wouldn't be in this sad fellow's shoes.  But of course if you're just interested in a chuckle, you can... Read More

Examining E-Discovery Statistics: 3 Ways Mid-Market Companies Can Catch Up with Larger Enterprises

Created on March 15, 2019


E-Discovery Market Analyst at Exterro

Last September, Exterro and EDRM at Duke Law created the E-Discovery Maturity Quiz, a 20-question self-assessment that allows organizations to see how mature their e-discovery processes are compared to best practices. The assessment helps organizations evaluate the people, processes, and technology they have in place to conduct necessary tasks across the EDRM, including questions on: Information Governance Identification Processing Review and Analysis Production Personnel Matter Closing With over 200 responses, the anonymous data gathered by the quiz provides some great insight into the maturity of e-discovery operations at organizations of differing sizes... Read More

Why You Must Define Roles and Responsibilities on E-Discovery Projects

Created on March 15, 2019


E-Discovery Market Analyst at Exterro

In any team process, it’s critical to define both the process the team will follow and the roles and responsibilities of the team members. Everyone needs to understand and agree on the big picture goals, and more importantly, on where their responsibilities begin and end. It may be surprising, but research shows that teams actually collaborate more effectively when roles are clearly delineated and responsibilities are well-defined. (For an in-depth look at this phenomenon, check out Tammy Erickson’s article “The Biggest Mistake You (Probably) Make with Teams” at the Harvard Business... Read More