Exterro

At Exterro’s inFusion conference this week, one of the themes that cropped up several times was the importance of preparation and precision, both in crafting discovery requests and in objections. As the participating judges and other experts made clear, the revised Federal Rules of Civil Procedure make it quite clear that you must prepare requests with “reasonable particularity.” Put more simply, you can’t fake it. You have to know your stuff. What are you asking…
DriveTime Car Sales Company, LLC v. Pettigrew (S.D. Ohio April 18, 2019) re-emphasizes the high and “stringent” standard for granting an adverse inference instruction under FRCP 37(e)(2). Overview: In this defamation case between two airlines, the plaintiffs objected to the magistrate judge’s ruling, which prevented the plaintiff from compelling additional depositions of a third party. The magistrate judge ruled that compelling additional depositions was “not relevant and proportional” to the litigation at issue. The plaintiff reiterated…
Bobby Balachandran I have a simple question for all the GCs, CPOs, and CISOs out there: Are you ready for the California Consumer Privacy Act (CCPA)? Because it’s coming, whether you’re ready or not, on January 1, 2020. (And ten other states will soon follow suit with similar, but different, regulations.) Depending on the timing, polling group, and survey methodology, reports suggest somewhere between 45% and 86% of companies will not be ready or do not even…
For an e-discovery team, there’s not many things more worth a big celebration than getting budget for e-discovery software–so make sure you do it in style. If you don’t have budget yet, why not check out our E-Discovery Software Budget Proposal Template. It’ll help you save so much time and money you’ll be celebrating like the US Women’s National Team! And if you’d rather just have a laugh, you can always visit our entire catalog…
E-Discovery, as an industry, is once again at an inflection point. For an industry that is only about 15 years old, it certainly has had a turbulent ride. While throughout the 1990s, more and more relevant information was being produced and maintained in electronic format, it wasn’t until 2003 that the obligation for organizations to preserve (and produce) relevant electronically stored information (ESI) was announced with a thunderclap in the form of the Zubulake rulings
The last thing you need when you’re drowning is more water. And if you’re not drowning in water–but in data–then don’t make things worse by collecting everything. If you’re not sure about what you need to collect, a good place to start is our Comprehensive Guide to E-Discovery Collection. 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…
DriveTime Car Sales Company, LLC v. Pettigrew (S.D. Ohio April 18, 2019) re-emphasizes the high and “stringent” standard for granting an adverse inference instruction under FRCP 37(e)(2). Overview: In this fraud case between an employee and employer, the plaintiff filed motion for spoliation sanctions based on the defendant’s failure to preserve relevant text messages. During discovery, a co-defendant stated that he had exchanged text messages with another defendant concerning issues involved in this case. The co-defendant…
It’s fair to say that e-discovery is at an inflection point. As an industry, it has seen an influx of cash. 2018 saw an almost doubling of mergers, acquisitions, and infusions of capital from investors. Big players like Microsoft are making inroads on the basis of their substantial footprint inside enterprises. Governmental jurisdictions from the EU (with GDPR) to California (with the CCPA) are enacting regulations that put new demands on practitioners, with over 50%…
Maybe it doesn’t choke you up quite as much as the moment from the movie, but we do love both e-discovery and data privacy here at Exterro–especially now that we’ve acquired Jordan Lawrence. Please check out that blog post from Exterro’s founder and CEO, Bobby Balachandran, if you want some more context on why we made the move and why it makes sense in today’s evolving e-discovery, data privacy and information governance marketplace. And…