Is predictive coding, also known as automated issue coding, a feasible alternative to reviewing numerous ESI documents solely by human review if requested to modify an Agreed Order? Such were the issues considered by Nevada’s District Court in the case of Progressive Casualty Insurance Company v. Jackie K. Delaney, et al., 2014 WL 2112927 (D.Nev.
Predictive Coding
- admin
- April 17, 2014
Search Terms in eDiscovery: Privileged or Discoverable?
Plaintiff eDiscovery Experts Review the Latest Case Law In the absence of an agreement among the parties or an order by the court to employ predictive coding, the traditional method of identifying responsive documents for production has been through the use of key word search terms. But how does a plaintiff trial attorney know what
Read More
- admin
- April 7, 2014
Predictive Coding Highlighted in FHFA Case
Federal Housing Finance Agency v. HBSC North America Holdings Inc., et al., Case 1:11-cv-06189-DLC (S.D.N.Y. February 14, 2014) is an order regarding consolidated cases in New York where Plaintiff FHFA is suing multiple defendant banks, including Bank of America. As background, there was a similar action taking place in California that involved Countrywide (a subsidiary
Read More
- admin
- June 3, 2013
Electronic Discovery Question: Does Predictive Coding Case Law Require Production of Seed Sets?
In an order dated May 21, 2013 in the case Hinterberger v. Catholic Health Systems, 08-CV-380S(F), the court heard arguments from the parties about whether predictive coding case law requires the early production of a “seed set” of documents. In this case, the parties started out sorting and culling electronic data by keyword search, but
Read More
- admin
- April 29, 2013
District Court Orders Specific Default Protocol for ESI Production
In the absence of concrete rules, or when parties seem to be unable to reach a compromise on electronic discovery, courts may outline specific orders to address all eDiscovery concerns. This was the case in the April 3, 2013 Order Regarding Electronically Stored Information in W Holding Company, Inc. v. Chartis Insurance Company of Puerto
Read More
- admin
- April 26, 2013
Electronic Discovery Update: Costs Awarded in “Sledgehammer” Case
Anyone who follows eDiscovery case law is sure to remember the 2012 court order in Taylor v. Mitre Corp., No. 1:11-cv-1247, (E.D.Va.). In the case, the plaintiff brought an employment discrimination claim against his former employer. After filing a claim, he took a sledgehammer to his work laptop. Although he claimed to have backed up
Read More
- admin
- April 24, 2013
Will Email Threads Uncover Fraud in an $18 Billion International Case?
As email threads are now critical evidence in most civil litigation, it should be no surprise that email might be the key to determining whether massive fraud is at play in a very interesting case out of the Southern District of New York. Chevron Corp. v. Steven Donzinger, et al., No. 11 Civ. 0691 (LAK)(S.D.N.Y.
Read More
- admin
- April 22, 2013
District Court Chastises Defendant for Lack of eDiscovery Knowledge
Many lawyers now have a good understanding of electronic discovery law and technological advances, and the updated ABA model rules require this understanding to fulfill the ethical requirement of competence. For attorneys who lack this knowledge or who attempt to claim ignorance to evade discovery obligations should take note: courts will likely not stand for
Read More
- admin
- March 20, 2013
Court Grants Fees for Predictive Coding of Electronic Discovery
The case of Gabriel Technological Corporation v. Qualcomm Incorporated, 2013 WL 410103,(S.D.Cal.) was an exceptional case where the court determined that plaintiffs’ “frivolous claims” in a patent lawsuit (where among others, plaintiff failed to provide sufficient evidence to establish the rightful inventors of the patents at issue) warranted sanctions and cost shifting. Having prevailed in the lawsuit,
Read More
- admin
- February 8, 2013
Legal Conference Discusses Cost Shifting, Issue Coding and eDiscovery Software
On January 29th, 2013, judges, attorneys and electronic discovery vendors gathered in New York City for the LegalTech Conference to discuss important eDiscovery practices. Law Technology News reported that one topic discussed included cost shifting, and how both plaintiffs and defendants can work together to keep costs down by maintaining a “reasonable dialogue with the
Read More