Lawyers are familiar with the “litigation hold” – once litigation is reasonably anticipated, potentially relevant documents, including electronic documents, must be retained and not destroyed. Ordinarily the scope of that data extends to the specific parties and the locations their relevant data may be found (laptops, cell phones, etc.). But when the litigation involves the […]
The author discusses what is predictive coding and how it differs from other tools that are in the litigators’ technology tool belts. On the one hand the article defines predictive coding while on the other it describes some other TAR tools commonly used in e-discovery, such as keyword search, concept search, discussion threading, clustering, find similar, near duplicate […]
On January 28, 2014, an Illinois Circuit Court issued an order encouraging the use of TAR. The Court stated that the parties are encouraged to satisfy their discovery obligations in an “agreeable, efficient and effective” manner. “If the parties agree that predictive coding would be appropriate in this case, they are encouraged to use that […]
Date of publication not available. Paper presented at The 10th Annual Advanced eDiscovery Institute, Nov. 21-22, 2013 The goal of this paper is to characterize the structural choices of Predictive Coding solutions so as to gain a clearer delineation of the range of systems available in principle and a clearer understanding of the different advantages and […]
In this case, the court found that privilege was waived where Plaintiff failed to take reasonable steps to prevent the inadvertent disclosure of privileged materials. The court’s determination that counsel did not take reasonable steps to prevent disclosure is based, in part, on the rapidity of the alleged review “each document received, on average, only […]
From the Article: “E-discovery practice continues to evolve, resulting in increasing complexity and, with it, greater risks. Recent cases and developments offer new insights and interpretations of existing issues, while new practices and technology, such as cloud computing, intelligent review technology, mobile devices/BYOD, and overpreservation add new challenges”. The full text can be downloaded at http://www.huroncon….
In Sekisui American Corp. v. Hart, 2013 WL 4116322 (Aug. 15, 2013), Judge Scheindlin has added another important opinion to the law of electronic discovery. In 2003-2005 Judge Shira Scheindlin of the Southern District of New York issued five rulings in the Zubulake case that have become the basis of much of the law with regard to the […]
The author discusses how sanctions motions based on unsupported claims of spoliation create expensive sideshows that distract from the merits. And sometimes – although perhaps not frequently enough according to author – baseless and abusive motions are punished. Mentioned case law Smith v. Westchester County Dept. of Corrections, No. 07-CIV-1803 (SDNY) Residential Funding Corp. v. […]
New York Law Journal, Vol 250, No. 65 (October 1, 2013) Authors discuss a trend of courts determining the propriety of sanctions for spoliation of electronically stored evidence with reference to the proposed amendment to Federal Rule of Civil Procedure 37(e) and the implications of the proposed changes. The full text can be downloaded at […]
“[I]t is important to understand what TAR is. Technology Assisted Review (TAR) is an umbrella category that covers many advanced technologies and the generic nature of the term has proven to be somewhat confusing throughout our industry. There are many different TAR approaches but they all share the same goal: to help legal teams separate […]