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: How Much of Your TAR Process Do You Have to Share?

Created on January 19, 2018


Content Marketing Manager at Exterro

When using TAR technology (predictive coding, machine learning, etc.), it may be beneficial to share information regarding how you’re using that technology with opposing counsel or else you may have to defend your TAR process in court. In Winfield v. City of New York (S.D.N.Y. Nov. 27, 2017), the court supported the defendant’s TAR process despite errors, but still compelled the City to produce additional documents to check the accuracy of its production. Overview: In this public housing discrimination case, the plaintiffs... Read More

Confessions of a Legaltech Newbie

Created on January 19, 2018


Content Marketing Manager at Exterro

Several thousand people—attorneys, paralegals, IT officers, software sales reps, and more—will be descending on the New York Hilton Midtown from January 30th – February 1st for Legaltech, the must-attend event of the year for professionals operating in the intersection between the legal and technology industries. For the first time, I will be one of them. If the first two months working here at Exterro have been something like being blasted with the proverbial firehose of information, then I expect that LTNY will be more... Read More

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

Created on January 19, 2018


Content Marketing Manager at Exterro

Placing legal holds wouldn't bother anyone if they were able to use magic to enforce compliance... but unfortunately most of us don't have quite as much power as Elsa. However, with the help of the right technology, managing legal holds might just be easy enough that you'd want to burst into song. If you're thinking about taking control of your legal holds with technology (or magic), here are Ten Considerations for Selecting a Legal Hold Software Solution you might want to consider. Of course, if you'd rather just have a laugh, visit... Read More

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

Created on January 12, 2018


Content Marketing Manager 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... Read More

An End to Over-Preservation? An Expert Perspective on the FRCP

Created on January 12, 2018


Content Marketing Manager at Exterro

This blog post is adapted from commentary on Rule 37 by William F. Hamilton, Legal Skills Professor and Executive Director, UF Law E-Discovery Project Fredric G. Levin College of Law, University of Florida, in FRCP & E-Discovery: The Layman’s Guide. FRCP Rule 37(e) grounds the requirements for preserving electronically stored information (ESI) in the real world, where “reasonableness” and good faith efforts to store relevant information are “good enough,” as opposed to expecting perfection. The Rule doesn’t obviate... Read More

Case Law Alert: Custodian Search for Responsive Data Is OK If...

Created on January 12, 2018


Content Marketing Manager at Exterro

This court re-clarifies that counsel supervised (“coordinated and overseen”) custodian searching for responsive data is defensible, especially if no factual evidence of foul play is presented. Overview: In this case, the plaintiff filed a motion to compel the defendant to conduct an additional search for electronically stored information (ESI). Going outside the agreed e-discovery protocol, the plaintiff was “concerned” that the defendant “withheld communications” that were responsive. The defendant’s concerns... Read More

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

Created on January 12, 2018


Content Marketing Manager at Exterro

Sometimes we all want to just fade into the shrubbery like Homer Simpson. If thinking about your e-discovery resolutions makes you feel embarrassed, though, we've got just the solution for you. Download our New Year's Resolutions for E-Discovery Professionals e-book today! Of course, if you'd rather just have a laugh, 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, E-Discovery is always better when you have a sense... Read More