eDiscovery

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August 15, 2012

Did the Zubulake III Back Up Email Tapes Contain Relevant Data? You Bet They Did!

Monday’s blog discussed the Zubulake I case, where Judge Shira Scheindlin looked at eDiscovery accessibility to categorize different types of electronic data before a cost shifting analysis. The more inaccessible the data is, the more likely that cost shifting is appropriate. She ordered the defendants to produce a small set of the inaccessible emails to

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August 13, 2012

A Look Back on Zubulake I, the Original Plaintiff eDiscovery Case

Beginning in 2002, an equity trader named Laura Zubulake filed suit against her former employer, UBS Warburg, for gender discrimination, failure to promote and retaliation. The potential for a large judgment was great, as damages would include lost wages and Zubulake made over $650,000 annually. The key evidence in this case was email correspondence, and

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August 10, 2012

Did the Global Aerospace Order Ease the Fears of Plaintiffs?

The plaintiffs’ objections to the defendant’s use of predictive coding to cull their enormous ESI production was noted to be “not fully articulated” in the 2012 Virginia case Global Aerospace, Inc., et al. v. Landow Aviation, L.P. d/b/a Dulles Jet Center, et al., (Case No. CL 61040). Our last blog noted that this might have

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August 8, 2012

Plaintiff ESI Production Strategies are Necessary from the Beginning of the Case

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

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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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