predictive coding

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

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.

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

admin
December 21, 2012

Reviewing the Top 5 Plaintiff eDiscovery Cases of 2012

Our blog discusses the latest cases (good and bad) that affect plaintiff trial attorneys every week, and the following is our Top 5 Plaintiff eDiscovery cases of 2012: 5. Race Tires America, Inc. LLC v. Hoosier Racing Tire Corp. (Race Tires II), No. 11-2316, 2012 WL 887593 (3d Cir. Mar. 16, 2012). The Third Circuit

admin
November 7, 2012

Section 1782’s Ever-Expanding Discovery for Foreign Litigation and ADR

Title 28 U.S.C. Section 1782 is a federal law allowing a person or entity who is involved in foreign litigation to apply to the American court system for discovery against U.S. citizens or corporations to be used in the foreign litigation. The discovery could include electronic data, documents or testamentary evidence. The language of the

admin
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

admin
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