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A Search Terms Gam
Determining search terms can sink into a voyage on the Pequod hunting a white whale. If a party obsesses over search terms, they may find themselves quoting Captain Ahab as they sink in an...
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How to Get an eDiscovery Evidentiary Hearing
Judge David Waxse waded into a case that highlighted issues in parties not cooperating and possible inadequate preservation, search and production of ESI. Chura v. Delmar Gardens of Lenexa, Inc., 2012...
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Judicial Test Pilot
When you think of Tom Wolfe’s “The Right Stuff,” test pilots and astronauts immediately come to mind. Aviators who risked their lives testing new technology that went higher and faster than anything...
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2012 Case Law Year-In-Review
2012 eDiscovery Case Law included everything from Tweets to Computer-Assisted Review. However, there was also a very basic theme that is hard to ignore: Cases should be about the merits. And for cases...
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Clawback Agreements to Eliminate the Burden of Privilege Review
I am gonna to hit the breaks, he’ll fly right by me. Maverick, Top Gun You’re gonna do what? Merlin, Top Gun Attorneys feel compelled by their duty of competency to their clients to have eyes on...
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Guess What? Cooperation Does Not Mean Privilege or Relevancy Are Dead
Here is the big lesson from the latest Biomet opinion over predictive coding: The Steering Committee wants the whole seed set Biomet used for the algorithm’s initial training. That request reaches well...
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Stuck in the Predictive Coding Pipeline
ExxonMobil Pipeline had a problem in discovery: their discovery responses were overdue. The requests for production was served in November 2013 and due after one extension in January 2014. The...
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Does Proportionality Disappear If a Lawyer Says “Predictive Coding” Three Times?
The In re Bridgepoint Education case is not one about the merits of predictive coding, but one of proportionality over expanding the scope of discovery by nine months. In re Bridgepoint Educ., 2014...
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Nebraska, Where Proportionality is Alive and Well in Discovery
One lesson from United States v. Univ. of Neb. at Kearney, is that maybe you should take depositions of key parties and use interrogatories to find out relevant information to your case before asking...
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Even A Judged Questioned Why Ask for Permission to Use Predictive Coding
I do not normally want to high five Federal judges, but Judge Ronald Buch, a Tax Judge in Texas, sure deserved one after his Dynamo Holdings opinion. The discovery dispute can be summed up as a battle...
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Why Deviate from Native Files in a Case Management Order?
There are Case Management Orders that show parties spent a lot of time considering eDiscovery issues. There are the ones that show a lack of thought. There are ones that are mixed. This one shows a lot...
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What Did We Learn About eDiscovery in 2014?
As 2014 draws to a close, it is time to reflect on the cases from this year in eDiscovery. One of the biggest trends I took away from caselaw in 2014, is that more Judges have a greater understanding...
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