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.

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

Why End-to-End Software Platforms are the Future of E-Discovery

Created on August 12, 2019


Director of Marketing at Exterro

In the latest report that Gartner published, Market Guide for E-Discovery Solutions, there was much discussion on managing cost and risk with regards to information management and regulatory/legal obligations. Keeping the idea of cost reduction in mind, more and more companies have been leveraging e discovery software within their legal departments. But there has been a change in the way companies are looking to purchase the services or the software related to e-discovery. According to Gartner, there are two main technology approaches when talking about e discovery, and more specifically, moving through the... Read More

Friday Funnies: Exterro's E-Discovery Meme Series (10 Year Challenge Edition)

Created on August 12, 2019


Director of Marketing at Exterro

If you haven't heard people on social media are doing this thing called a 10 year challenge, posting pictures of things from now compared to 2009. Even though we are a little late to the 10 year challenge party, we wanted to share our own take from an e-discovery perspective. My oh my how have things changed in the last 10 years when it comes to e-discovery especially from the attorney's point of view. If you're looking for an additional laugh, you can always visit our entire catalog of E-Discovery Memes and Cartoons, and... Read More

E-Discovery Summer Playlist: Cody Bustamante's Top Jams!

Created on August 12, 2019


In the fifth week of our Summer E-Discovery Mix Tape blog post series it's time to hear from our Salesforce/Marketing Operations Specialist, Cody Bustamante! Looking for ways to be more productive at work? Download our Legal Project Management Checklist here. "Hello, world" (Tiger Woods quote after his first professional win). My name is Cody and this is my debut DJ mix released to the world, probably for the better. But I've tried to curate a mix of mellow music that I thought would be broad enough it would include at least one... Read More

Case Law Alert: Data Retention Policies Save Spoliating Party

Created on August 5, 2019


Director of Marketing at Exterro

Mafile v. Kaiser-Francis Oil (N.D. Okla. May 21, 2019) re-enforces a harsh reality for legal teams, it's their  obligation that necessary steps are taken to preserve data from recently departed employees or risk spoliation if a departing employee is involved in pending litigation. Overview: In this employment case, the plaintiff motioned for spoliation sanctions against her former employer, the defendant, for not preserving the plaintiff’s work computer. After being fired by the defendant, the plaintiff’s counsel sent a notice reminding the defendant of their obligation to preserve data. Nevertheless, via deposition, the defendant’s... Read More