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 E-Discovery Meme Series - Bad Eli

Created on August 30, 2019


Director of Marketing at Exterro

Remember when Eli Manning was a good quarterback? Right around the time Exterro was taking off as a company, the former two-time Super Bowl champion was one of only a few players to regularly give the Patriots problems in big games. But lately, he's been more known for bad throws and awful decisions than big plays, leading the New York Giants to select a new quarterback in last spring's NFL Draft.  Thankfully, Exterro has aged far better than Eli has—and we're helping companies stay ahead of the data privacy game by showcasing how e-discovery... Read More

Text Messages—and Other Digital Data—MUST Be Accounted For In E-Discovery

Created on August 23, 2019


Director of Marketing at Exterro

Text messages, social media, and other digital communication applications like Snapchat represent new categories of potentially relevant evidence, which must be accounted for and, in most cases, preserved during e-discovery. In Regas Christou v. Beatport, LLC (D. Colo. January 23, 2013), the court sanctioned the defendant for taking “no steps to preserve the text messages," leading to a spoliation sanction. In this case, the plaintiff, Regas Christou, a Denver nightclub owner, filed a lawsuit against a competing nightclub owner, Brad Roulier, and others for multiple claims including violation of the Sherman Act... Read More

E-Discovery Summer Playlist: Lauren Thomas's Top Jams!

Created on August 23, 2019


Marketing Intern

In the sixth week of our Summer E-Discovery Mix Tape blog post series it's time to hear from our Summer Marketing Intern, Lauren Thomas! Looking for ways to be more productive at work? Download our Legal Project Management Checklist here. Hi all! I’m Lauren, the summer 2019 intern for Exterro’s marketing team! Going into my senior year at Oregon State University, I have had the opportunity to learn so much over the course of my summer at Exterro. While working in the office I created a playlist that lasts my whole workday... Read More

Friday Funnies: Exterro's E-Discovery Meme Series - Where Ya'll Sitting?

Created on August 23, 2019


Chief Marketing Officer at Exterro

Most of us remember our awkward high school days—and perhaps nothing was worse than wandering around the cafeteria with your tray of food at lunch time, trying to find a place to fit in. Fortunately for us lost folks, the E-Discovery Reference Model tells us where we need to be at a given time in the discovery process, so we aren't left scooting around and trying to figure out where our "peeps" are. And if for some reason you still feel a little lost, take a look at our webcast on... Read More

3 Ways an In-House E-Discovery Team Brings Value to Your Organization

Created on August 16, 2019


Director of Marketing at Exterro

What products and services does your firm find the most value in? For many, anything that can create cost savings or cost avoidance can have a high impact—and finding ways to reduce risk, improve efficiency, and build a wider library of knowledge to help inform your legal strategies are all part of that. In-house e-discovery programs can add significant value above and beyond cost savings and avoidance to each subsection of the process, from information management to data processing. And best of all, building in-house teams that utilize end-to-end technology solutions effectively... Read More

Case Law Alert: Plaintiffs’ Motion for E-Discovery Sanction Goes Up in Smoke

Created on August 16, 2019


Director of Marketing at Exterro

Philmar Dairy, LLC v. Armstrong Farms (D.N.M. July 11, 2019) re-enforces that an often-forgotten threshold factor for spoliation sanctions is that litigation must be reasonably anticipated. In this case, this key factor was overlooked and not proven by the moving party leading to the rejection of their spoliation claim. Overview: In this breach of contract and fraud case surrounding a failed hay sale, the plaintiffs filed a motion for e-discovery sanctions against the defendants based on the loss of key evidence, cell phone photographs. The plaintiffs contracted with the defendants to purchase hay... Read More

Friday Funnies: "Bad Actor" Edition - Not the Bees!

Created on August 16, 2019


We all know “bad actors” exist in Hollywood—take most of the last decade-and-a-half of Nicolas Cage’s career, for instance—but bad acting in the world of e-discovery takes on a slightly different tone. For just one example, take a look at this case from last June involving a lying defendant who later admitted to destroying “responsive evidence located on his personal computer and in his personal cloud storage account.” That instance of bad acting—truly worthy of a Razzie Award in the world of e-discovery—led to sanctions against the defendant because of his... Read More