SearchTerms

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May 10, 2017

What are the Most Common Objections to Search Terms?

Plan Ahead for Challenges Due to Relevance and Overbreadth The initial list of search terms to be used to cull and produce hot documents from electronically stored information (ESI) is a critical stage of the eDiscovery process. Every case will be unique, and there is no “one size fits all” approach for search terms. However,

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April 19, 2017

Court Disagrees With Defendant’s Contention That It Had No Obligation To Produce ESI Without Previously Agreed Search Terms

In Bird v. Wells Fargo Bank, Case No. 16-1130 (E.D. Cali., Mar. 31, 2017), after Plaintiff was fired from her job in May 2014, she sued her former employer, Wells Fargo Bank, for gender and age discrimination, and breach of employment contract . Defendant responded that Plaintiff was fired because she failed to follow Wells

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March 17, 2017

Defendant Must Produce Search Terms Used to Produce ESI

In National Credit Union Administration Board v. Basconi et. al., Case No. 16-455 (N.D. Ohio, Feb. 27, 2017), Plaintiff, a federal agency tasked with insuring credit unions, liquidated GIC Federal Credit Union due to its insolvency. Defendants were the accountants and accounting firm of GIC. Plaintiff alleged that Defendants ignored evidence that the financial statements

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March 13, 2017

Court Narrows Email Search Terms but Declines Sanctions Between Bickering Parties

In Diesel Power Source et. al. v. Crazy Carl’s Turbos et. al., Case No. 14-826 (D. Utah, Feb. 23, 2017), the parties are business competitors, and their respective owners are involved in the manufacture and sale of diesel products and services. Plaintiffs sued Defendants after Defendants allegedly posted defamatory comments and photographs on the internet

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February 27, 2017

Redaction Log and Search Terms Ordered in Benecol Spreads Class Action

Martinelli et. al. v. Johnson & Johnson et. al., Case No. 15-1733 (E.D. Cali., Feb. 10, 2017) is a class action lawsuit initiated by purchasers of Benecol margarine products who alleged that the products contain misleading labeling due to their statements that the products contain no trans fats and no trans fatty acids, and that

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November 30, 2016

Defendant Compelled to Perform Further ESI Production Using 78 Additional Search Terms

In Venturdyne, Ltd. d/b/a Scientific Dust Collectors v. Carbonyx, Inc., d/b/a Carbonyx Carbon Technologies, et. al., Case No. 14-00351 (N.D. Ind., Nov. 15, 2016), a cause of action was included against Defendant Carbonyx for breach of contract. During discovery, Plaintiff served Carbonyx with a request for production of documents. Defendant objected on the grounds of

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November 23, 2016

Court Declines to Compel Plaintiff in Patent Case to Use Additional Search Terms or Produce Documents Not Reviewed for Relevance

Flowrider Surf, Ltd., et. al. v. Pacific Surf Designs, Inc., Case No. 15-1879 (S.D. Cali., Nov. 3, 2016) is a patent litigation suit involving an attraction/ride to be used at amusement parks and waterparks. The ride simulates a surfing experience. The parties to the suit are competitors in the waterpark rides industry; Plaintiffs sued Defendant

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August 3, 2016

ESI Cost Shifting Request Denied By Court in Employment Case

Wagoner v. Lewis Gale Medical Center, LLC, et. al., Case No. 15-570 (W.D. Va., July 13, 2016) is an employment lawsuit filed under the Americans with Disabilities Act (ADA). Plaintiff, a former employee of Defendants, alleges that because of his dyslexia, he had difficulty reading and copying his work schedule. He also alleges that Defendants

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May 18, 2016

District of Delaware Limits ESI Search Terms Sought

In the patent infringement case AVM Technologies, LLC v. Intel Corp., Case No. 15-00033 (D. Delaware, May 3, 2016), Plaintiff sued Defendant in connection with certain of Defendant’s processors, which Plaintiff alleged infringed upon one of Plaintiff’s patents. Throughout the case, the parties ran into a number of discovery issues with respect to proposed protective orders