PredictiveCoding

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January 9, 2017

Was Predictive Coding in Dynamo Holdings Performed in Accordance with the FRCP?

Parties Disagreed on the Outcome of a Three-Year Electronic Discovery Dispute Starting in 2013, the Commissioner of Internal Revenue has been embroiled in an electronic discovery dispute that may have finally been resolved in Dynamo Holdings Limited Partnership v. Commissioner of Interval Revenue, 143 T.C. 183 (2014). Petitioner in the case sought court permission to

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November 16, 2016

What are the Top eDiscovery Case Law Trends of 2016?

Each week, our plaintiff electronic discovery firm publishes summaries of the top eDiscovery case law opinions and notes the trends taking place throughout the country. One trend we’ve seen this year includes the rise of requests for terminating sanctions for electronic discovery violations. Additionally, we continue to see more cases regarding predictive coding, as this

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November 2, 2016

Viagra/Melanoma MDL Court Declines to Force Pfizer to Use Predictive Coding

In re Viagra Products Liability Litigation, 16-02691 (N.D. Cali., Oct. 14, 2016) is a multi-district litigation (MDL) against drug company Pfizer. The litigation is based upon allegations of a correlation between anti-impotence drug Viagra and the incidence of melanoma in Viagra users. Fourteen separate lawsuits were consolidated into the California based MDL, and pretrial proceedings

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September 21, 2016

U.S. Tax Court Deems Predictive Coding to Be a “Reasonable Inquiry”

Dynamo Holdings Limited Partnership et. al. v. Commissioner of Internal Revenue, Consolidated Case Nos. 2685-11 and 8393-12 (U.S. Tax Court, D.C., July 13, 2016) involves Petitioners’ disputes over adjustments to tax returns. During discovery, the government objected to Petitioners’ use of predictive coding (also called technology assisted review (TAR)) to identify responsive and/or privileged data