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Judge Peck Revisits Predictive Coding Three Years After De Silva Moore
Three years ago, Magistrate Judge Andrew J. Peck penned the landmark decision Da Silva Moore v. Publicis Groupe & MSL Group, 27 F.R.D. 182 (S.D.N.Y. 2012), widely recognized as the first court opinion to formally endorse predictive coding. In Rio Tinto PLC v. Vale S.A., 14 Civ. 3042 (S.D.N.Y. Mar. 2,
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Plaintiffs Win Qualitative Sampling Battle In Antitrust MDL Search Term Dispute
In the MDL In Re: Lithium Ion Batteries Antitrust Litigation, No. 13-MD-02420 YGR (DMR) (N.D. Cal., Feb. 24, 2015), the parties agreed to a general search term protocol but disagreed about what steps the parties needed to take if they could not resolve a disagreement over a particular term. Specifically, Plaintiff wanted Defendant to conduct
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The Dangers of Failing to Meet and Confer Regarding ESI
Courts React Unfavorably When Parties Refuse to Meet and Confer Before Approaching the Court In the complex world of eDiscovery, parties must increasingly cooperate in often unprecedented ways during discovery. Whether parties have to jointly craft complex search term strings or review a predictive coding document “seed set” together, eDiscovery
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Part II of the Most Influential Plaintiff eDiscovery Cases of 2014
The Year in Electronic Discovery, Continued In Part I of our year-end review of the most influential plaintiff electronic discovery cases of 2014, we highlighted trends regarding ESI formatting, native files, metadata, search terms, spoliation, and sanctions. In Part II of the year-end roundup, we explore cases from the last
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Does Computer-Assisted Privilege Review Obviate a Request for Human Review?
Today’s blog post involves Federal Rule of Evidence 502, which was adopted to reduce concerns that the increasing production of electronically stored information (ESI) would lead to the aggressive use of waiver in cases of inadvertent disclosure of privileged information. To paraphrase, Rule 502(d) deems that a privileged disclosure does not constitute a
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The Most Important Plaintiff eDiscovery Cases of 2014
The Year in Electronic Discovery: Part I Because electronically stored information (ESI) is now the main source of evidence in most civil litigation, courts are building case law every day that affects plaintiff trial attorneys. In Part I of our 2014 Year in Review, we highlight the most important recent cases
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Can Predictive Coding Identify Relevant and Non-Privileged Data on Back-Up Tapes?
In our last post, we discussed the consolidated cases of Dynamo v. Commissioner of Internal Review and Beekman v. Commissioner of Internal Review, Docket Nos. 2685-11, 8393-12 (US Tax Ct. Sept. 17, 2014). In a quick review of the facts, Respondent sought back-up tapes of ESI with metadata. Petitioner admitted
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Should Parties Tender Back-Up Tapes Without a Privilege Review?
In the consolidated case Dynamo v. Commissioner of Internal Review and Beekman v. Commissioner of Internal Review, Docket Nos. 2685-11, 8393-12 (US Tax Ct. Sept. 17, 2014), the Commissioner (Respondent) requested production of the electronically stored information (ESI) on two specific backup storage tapes – or the tapes themselves –
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Is the Use of Predictive Coding an Acceptable Change in Case Management?
Predictive or automated issue coding is a field that is experiencing rapid development in the realm of eDiscovery. As with many new and developing technologies, questions arise regarding both the nature and extent of its use. In Bridgestone Americas, Inc., v. International Business Machines Corporation, No. 3:13-1196 (M.D. Tenn. July
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Must Plaintiffs Organize ESI Produced in the Usual Course of Business?
An ever present issue in eDiscovery and discovery in general, is the question of how to best balance the burden and expense of reviewing documents. This is an issue the court addressed in FDIC-R v. Walter B. Bowden, et al., Case No. CV413-245 (S.D. Ga. June 6, 2014). The parties