Tag: plaintiff electronic discovery

  • Go Fish! The Inadequacy of Mere Keyword Searches in Electronic Discovery

    30 Jul 2012

    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

  • D.C. Bar Green Lights eDiscovery Services in Ethics Opinion

    25 Jul 2012

    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

  • Does the Duty to Preserve Electronic Documents Arise Earlier for Plaintiffs?

    20 Jul 2012

    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

  • Metadata: Ask and You Shall Receive

    25 Jun 2012

    Computer files and emails produced alone have only two-dimensions: you can only see what is on the screen or printed on paper. But how and when were those documents created? How do you know the file or email has not been altered? What formulas or procedures were used to create