The 2012 Virginia court opinion Global Aerospace, Inc., et al. v. Landow Aviation, L.P. d/b/a Dulles Jet Center, et al., (Case No. CL 61040) was no small discovery case. The physical amount of the ESI data was over 200 gigabytes (GB), or the equivalent of about two million pages if printed. The court in Global
eDiscovery Case Law Archives - Page 74 of 75 - ILS
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- August 6, 2012
Do Plaintiffs Have the Right to Choose eDiscovery Production Methods?
More cases are coming down across the nation dealing with eDiscovery review methods, and a common theme has been to order computer-assisted document review (aka “predictive coding”) to make document review more efficient. Sometimes, this is beneficial for plaintiffs, such as our discussion of the National Day Laborer Organization, where the court found the defendants’
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- August 3, 2012
Can Defendants be Trusted to Self-Collect their own ESI Productions?
This week our blog has been discussing U.S. District Judge Shira A. Scheindlin’s opinion in National Day Laborer Organizing Network, et al. v. U.S. Immigration and Customs Enforcement Agency, et al., 2012 U.S. Dist. Lexis 97863 (SDNY, July 13, 2012), which raises the question of whether defendant custodians can be trusted to “self-collect” or search
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- August 1, 2012
Another Federal District Court Endorses Issue Coding as a Best Practice
Monday’s blog discussed U.S. District Judge Shira A. Scheindlin’s opinion in a Freedom of Information Act (FOIA) case that mere keyword searches tend to be inadequate and that defendants who self-collect must disclose their search terms and methods. National Day Laborer Organizing Network, et al. v. U.S. Immigration and Customs Enforcement Agency, et al., 2012
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- July 30, 2012
Go Fish! The Inadequacy of Mere Keyword Searches in Electronic Discovery
The plaintiffs in National Day Laborer Organizing Network, et al. v. U.S. Immigration and Customs Enforcement Agency, et al., 2012 U.S. Dist. Lexis 97863 (SDNY, July 13, 2012) were legal advocacy groups who sought documents pursuant to the Freedom of Information Act (FOIA) from multiple government agencies regarding an immigration enforcement program. After the defense
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- July 27, 2012
Does the Future of Plaintiff ESI Production Include Facebook?
A Pennsylvania judge recently issued an expansive ruling about electronically stored information (ESI) and the growing trend for defendants to request plaintiffs’ Facebook passwords in the case of Trail v. Lesko, No. GD-10-017249 (C.P. Alleg. Co. July 3, 2012 Wettick, J). The court looked at numerous Pennsylvania cases with eDiscovery Facebook issues to glean a
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- July 25, 2012
D.C. Bar Green Lights eDiscovery Services in Ethics Opinion
The production of electronically stored information (ESI) in litigation has boomed in the last decade, mainly due to the slow but steady global switch from paper documentation to electronic data. As ESI is now part of almost every class action lawsuit and multidistrict litigation case, the courts and bar associations are only starting to issue
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- July 23, 2012
Plaintiff Programmatic Issue Coding: The Scalpel of Document Review Tools
Anyone who keeps up with eDiscovery rules and law knows that a district court has affirmed U.S. Magistrate Judge Andrew J. Peck’s judicial order in Monique Da Silva Moore v. MSL Group, No. 11 Civ. 1279 (ALC)(AJP) (S.D.N.Y. 2012). In the case, Magistrate Judge Peck pronounced, “Computer assisted review is an acceptable way to search
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- July 20, 2012
Does the Duty to Preserve Electronic Documents Arise Earlier for Plaintiffs?
Every plaintiff and defendant has a duty to preserve evidence, and this duty arises even before litigation commences. The flexible legal standard for when this duty begins is when the litigation is “reasonably foreseeable.” Although plaintiffs in a lawsuit are reacting to a harm or injury inflicted upon them, they are the ones who actually
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- June 25, 2012
Supreme Court’s Differing Interpretations of “Interpreter”
Recently, the U.S. Supreme Court issued its opinion in Taniguchi v. Kan Pacific Saipan, Ltd., 566 U. S. ____ (2012). Taniguchi had brought a personal injury claim against the defendant in a federal district court in the Marina Islands. As part of discovery, defendant Kan Pacific paid for the written translation of a number of
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