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 (Whose Line Is It Anyway Edition)

Created on May 4, 2018


Chief Marketing Officer at Exterro

Almost every profession has its own language that can only be understood by colleagues in that field. Some of those languages, or at least phrases, make it into popular culture. But since no one has made a great e-discovery workplace drama for TV yet (if anyone from HBO wants to get in touch, though, I've got a pitch), e-discovery pros can feel on the outside looking in as far as having family and friends understand what they're talking about. Of course, you could always point them to Exterro's Basics of E-Discovery if you... Read More

Happy Days Are Here Again

Created on April 27, 2018


E-Discovery Market Analyst at Exterro

In just a week’s time, the 2nd Annual Study of Effective Legal Spend Management from Exterro and the Blickstein Group will be released. For in-house legal departments—and specifically for e-discovery professionals—the news is good, mirroring results from Complex Discovery’s 2018 Spring eDiscovery Business Confidence Survey. In his blog post, Rob Robinson observes high levels of confidence in current and near future business performance. To wit, positive responses outweighed negative ones:68% good to 7% bad (and 25% normal) for current business conditions for e-discovery 50% better to 6% worse (and 44% same) for business conditions... Read More

Case Law Alert: Stored Communications Act Protects Production of Twitter Employees’ Direct Messages

Created on April 27, 2018


Director of Marketing Programs at Exterro

Shenwick v. Twitter, Inc. (N.D. Cal. Feb 7, 2018) provides companies with a precedent to argue that they generally should not have to produce direct communications between employees (such as most text messages) where the employees are not separately named parties in the litigation.Overview:In this securities class action suit, the plaintiffs motioned to compel the defendant, Twitter, to produce direct messages sent within Twitter between their employees.This case stems from charges that Twitter and its former CEO and current executives violated the Securities Exchange Act of 1934 by misleading investors, resulting in artificially... Read More

Privacy Issues Mooted... For How Long?

Created on April 27, 2018


E-Discovery Market Analyst at Exterro

Just a few weeks ago, e-discovery issues had a brief moment in the Supreme Court when the court heard arguments in United States v. Microsoft, a case that brought issues of cross-border discovery under the Stored Communications Act into sharp focus. I was particularly curious on how the Supreme Court’s ruling in the case would resolve looming conflicts between GDPR, the transnational nature of cloud computing, and e-discovery obligations. The drama of waiting for the Court’s ruling, though, was defused in two quick steps. Congress passed the Clarifying Lawful Overseas Use of... Read More

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

Created on April 27, 2018


Marketing Communications & Events Manager at Exterro

If your information governance strategy resembles George's wallet... maybe you should consider taking a new approach. After all, information governance is the foundation that reasonable, proportional e-discovery practices are built upon. You can find tons of valuable tips and information on information governance (and much more) in Exterro's Basics of E-Discovery.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, E-Discovery is always better when you have a... Read More

MD5 Hashing: The Foundation of a Defensible E-Discovery Process

Created on April 20, 2018


E-Discovery Market Analyst at Exterro

Commonly referred to as a "digital fingerprint," a hash value is a special encryption code that is associated with each computer file. Hash values provide digital files with a unique identifier that corresponds to its contents. If the contents change, the file's hashtag will change as well, indicating that the file is not the same as it was before. In e-discovery, one can compare hash values before and after collection to verify that a file is the same before and after collection. To understand how MD5 hashing relates to e-discovery one must... Read More

Examining E-Discovery Statistics: Is Cross-Border E-Discovery a Meaningful Distinction Anymore?

Created on April 20, 2018


E-Discovery Market Analyst at Exterro

In this entry in our series on interesting e-discovery data points, I'd like to dig into a topic that's been receiving a lot of attention--and will continue to do so for the next month and a half at least: GDPR, cross-border discovery, and the increasing conflict between organizations' domestic e-discovery obligations and international privacy regulations. Norton Rose Fulbright's 2017 Litigation Trends Annual Survey covered the question of international regulations with a couple of data points, and at the surface level, they tell two very different stories about the intersection of e-discovery and international regulations.The first... Read More