Golf has a long reputation as a gentleman’s sport, one in which a self-enforced ethical code makes cheating exceedingly rare. If a golfer breaks a rule of the game, he or she is expected to self-report the violation and accept the appropriate penalty.
However, Tiger Woods’ recent legal troubles may, if true, have a business
Exterro's E-Discovery Breakdown
Latest from Exterro's E-Discovery Breakdown - Page 3
4 Ways to Be Proactive in the E-Discovery Process
By Tim Rollins
Civil litigation—especially for the defense—often feels like a purely reactive process, a series of responses to an opposing party’s actions. But in reality, it shouldn’t be—especially for organizations who have the resources to have a dedicated legal department and technology to support its members.
Of course, the costs of a reactive posture fall most seriously…
There’s More to E-Discovery Maturity Than You Think in New Gartner Report
By Tim Rollins
For the past several months, dating back to the release of Exterro and EDRM’s E-Discovery Maturity Quiz in September, this blog has looked at a variety of ways for organizations to either self-assess their e-discovery maturity, improve it, or benchmark it against their peers. Now, in its recent report on e-discovery, Defining Your…
Case Law Alert: Auto-Destructing Text Messages Lead to Spoliation Sanctions
Nuvasive, Inc. v. Kormanis (M.D. N.C. Mar. 13, 2019) shows that when the duty to preserve is triggered, it’s imperative that parties take immediate measures to preserve data in a variety of locations including personal cell phones.
Overview
In this employment/breach of contract case, the plaintiff filed for spoliation sanctions against the defendant for deleting his…
Friday Funnies: Exterro’s E-Discovery Meme Series (Burn Them All Edition)
By Tim Rollins
Hopefully, unlike a certain former protagonist on Game of Thrones, you differentiate between “feeling angry” and “burning a city down.” Seriously, though, if you’re having a tough time getting custodians to comply with your legal holds, you might want to brief them on the importance and seriousness of their obligation by reminding them of the…
If You Want to Save Money on E-Discovery, You Can
By Tim Rollins
Anyone with more than a passing acquaintance with this blog knows we believe that, for many organizations, in-sourcing e-discovery operations and implementing an e-discovery platform make good sense. The benefits are clear-cut and real. It helps you ensure you’re complying with the requirements of the FRCP, reducing your risk of data spoliation and accompanying sanctions.…
3 Benefits of Bringing E-Discovery In-House According to New Gartner Report
By Tim Rollins
We conduct a fair amount of research into the e-discovery marketplace here at Exterro. Whether it’s into the composition and practices of in-house legal teams or the federal judiciary’s opinions on managing e-discovery, we try hard to provide valuable insight for our audience of in-house e-discovery professionals. We have confidence in the results of our…
Case Law Alert: Check with Third Parties before Asking for Spoliation Sanctions
Clearly understanding the requirements for spoliation sanctions under Rule 37(e) will save you a lot of time, especially when you haven’t confirmed whether data is irretrievable or not. Unfortunately, the defendant in Envy Hawaii LLC v. Volvo Car USA LLC learned this lesson the hard way by not following up with third parties who might have…
Friday Funnies: Exterro’s E-Discovery Meme Series (Goldblum Edition)
Of course you do have a defined process. No e-discovery professional worth his or her salt would be satisfied with a reactive fire drill every time litigation or an investigation started. But if you’re just getting started on your e-discovery journey, check out our Comprehensive E-Discovery Workflow Guide for some recommendations to help you get…
The Two Big Reasons to Define Your E-Discovery Process from New Gartner Report
By Tim Rollins
For many organizations, e-discovery often ends up as a reactive fire drill, rather than a standard business process. Perhaps the IT is unaware of potential litigation risks and has to scramble to preserve electronically stored information (ESI) before it is deleted. Or maybe the legal department hasn’t heard about a human resources issue that has…