Business Organization Electronic Discovery

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Everything but the Kitchen Sink: New Data Types and E-Discovery

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

Friday Funnies: Exterro's E-Discovery and IG Comics and Memes Page

We here at Exterro love E-Discovery! But it helps to have a sense of humor. That's why we created our E-Discovery and Information Governance Memes and Cartoons Series. And now you can go back and relive the magic...more

All about the Benjamin: Leveraging Technology for E-Discovery Process Optimization

Benjamin Franklin was an early adopter when it comes to process optimization. In his autobiography, he says of Order: “Let all your things have their places; let each part of your business have its time." He then goes on to...more

“We Give Up!”: Supreme Court Strikes Down All E-Discovery Amendments

In a shocking turn of events early this morning, April 1, 2016, the SCOTUS reset the clock to the days before electronic information was made discoverable in courts by striking down all so-called “E-Discovery Amendments” in...more

Episode 11: Better Know a Judge: Vice Chancellor Joseph R. Slights, III of the Delaware Court of Chancery [Video]

On this episode of CorpCast, we continue our “Better Know a Judge” series with an interview of the newest member of the Delaware Court of Chancery, Joseph R. Slights, III. Joe discusses why he took a pay cut while his...more

Data Hoarders: 5 Tips for Managing Large Volumes of Corporate Data Without Sacrificing Defensibility

We've all seen (or at least heard of) the TV show Hoarders. We may even have a few candidates for an episode in our own social circles. I once worked a summer helping clean up a pig farm turned junkyard, and in the first wave...more

CorpCast Episode 10: eDiscovery Review [Video]

On today’s episode of CorpCast, we are joined by our colleagues Ian McCauley and Laura Readinger. Ian and Laura’s practice focuses on eDiscovery, and this episode covers Delaware developments on the subject over the past 16...more

Be Reasonable: What Judges Will Be Looking For When it Comes to Rule 37(e)

In a recent article published by ACEDS, a lively discussion about the recently amended FRCP Rule 37 takes place. It seems that the amendment was written in the wee hours the night before they were presented publicly as a...more

The Case of the Clone Tablet: An Exterro Choose Your Own E-Discovery Adventure

My guess is that anyone who was alive in the 1980's has chosen their own adventure at least a few times. The Choose Your Own Adventure books were some of my favorites as a kid, an affordable and portable interactive fantasy...more

Objections to Document Demands Under Amended Rule 34

The approach of objecting to document demands with boilerplate language containing half a dozen or more objections that have no actual nexus to the demands at issue has been used by litigators for decades. However, this...more

Carefully Collect E-Data: Avoid the Metadata Minefield

You and your client need to use caution when collecting electronic data for discovery: One false step could result in major problems. Although it may seem quick and easy to, e.g., log on to a person’s computer, look at...more

Acceptance of Predictive Coding Spreads to the UK

Following the precedent set by Da Silva Moore1 in 2012, courts across the United States have adopted the use of predictive coding (sometimes referred to as “technology assisted review”) as a means of reducing the time and...more

10 Tips for Litigation Hold Plans

A “litigation hold plan” guides an organization in carrying out its evidence preservation obligations. Many factors come into play when the need to preserve records is triggered, and each organization has unique systems,...more

Where are the File Cabinets? -- The Changing Face of Data in the 21st Century

When we think of electronic data files, of course we know they aren’t stored in tall metal cabinets with manila cards on the drawer faces denoting what’s inside. That’s so 1986. But even for those of us firmly grounded in...more

Delaware's Court of Chancery Clarifies Scope of Inspection Under Books and Records Demands

In Amalgamated Bank v. Yahoo!, Inc., C.A. No. 10774-VCL (Del. Ch. Feb. 2, 2016), Plaintiff Amalgamated Bank’s Section 220 books and records demand sought, among other things, the emails of certain Yahoo officers and...more

Genius like Churchill: Improving the E-Discovery Process in 2016 with Technology

Winston Churchill said, “True genius resides in the capacity for evaluation of uncertain and conflicting information.” So we here at Exterro took his advice concerning our recently released 2nd Annual Judges Survey where,...more

CorpCast Episode 9: 2015 Year in Review [Video]

Welcome back to CorpCast! In this 2015 Year in Review, we discuss several important cases from the past year, starting with the tidal wave of antagonism in the Court of Chancery towards disclosure-only settlements ending...more

Trends, Challenges, Tech: E-Discovery Enters a New Era

E-Discovery is no longer in its infancy. A decade has passed since the 2006 FRCP amendment that made ESI discoverable, and in that time legal teams have been working out how best to successfully accomplish this process. ...more

Amendments to ESI Spoliation Sanctions Seek to Create Uniformity in Federal Courts

Federal Rule of Civil Procedure 37(e) sets forth the requirements for the retention of electronically stored information ("ESI") and the corresponding sanctions available to remedy the loss of ESI. New amendments to Rule...more

#LTNY16: That’s a Wrap!

Whew! After three electrifying (and tiring) days, Legal Tech New York 2016 is in the books! For those of you that experienced the show first-hand, we don’t have to tell you that this year’s conference was another...more

Groundhog Day: Don’t Get Stuck When Collecting New Data Types

February 2nd is Groundhog Day, and while we all know of the tradition of Punxsutawney Phil’s famous shadow forecasting the arrival of spring, many of us can’t help but think of the 1993 film starring Bill Murray. In it, he...more

Judge v. Attorney: Exterro Releases its 2nd Annual Federal Judges Survey

The digital age is sweet. The things that are a part of everyday life today were only sci-fi realities a few years ago. But the problem that comes with any age of advancement is the need for debate and analysis. Too often,...more

The Life-Changing Magic of Information Governance: Cutting Costs and Mitigating Risk with IG

The New Year brings fresh starts, and most of us, after a season of giving and receiving, parties and celebrations, are feeling the need to take stock and streamline our lives. In the bestselling book, The Life-Changing...more

The Top Seven Takeaways from the December, 2015 Federal Rules Amendments

Can rule changes streamline litigation to make discovery proportional to the case, improve case management, cut down foot-dragging in response to document requests, eliminate “over-preservation” of records and expedite...more

Taking Advantage of New Safe Harbor Against Discovery Sanctions

As your company wrestles with how to manage the virtual mountains of electronically stored information (ESI) that are created in today’s workplace, you may continue to wonder what steps to take to preserve information when...more

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