Exterro's E-Discovery Breakdown
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Latest from Exterro's E-Discovery Breakdown
Be Prepared! Don’t Show Up to Your Rule 26(F) Meet-and-Confer With Nothing But a Boilerplate
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…
Case Law Alert: If You Fail, Try Again
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…
CCPA…The Most Significant Impact on Litigation Since FRCP
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,…
Friday Funnies: Exterro’s E-Discovery Meme Series (Budget Approved! Edition)
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…
4 Trends Shaping E-Discovery Today
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…
Friday Funnies: Exterro’s E-Discovery Meme Series (Water Polo Edition)
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…
Case Law Alert: Deleted Text Messages = No Adverse Inference Because No Intent
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,…
What Will the E-Discovery Team of the Future Look Like?
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…