David Greene, The Dangers of Document Production

South Florida Trial Practice Referring to Coquina Investments v. Scott Rothstein and TD Bank, N.A., S.D. Fla. Case No. 10-60786-Civ-Cooke/Bandstra, and its Omnibus Order on Motion for Sanctions the author highlights how Judge Cooke insists on the: importance of taking care to fully, completely and timely produce documents in litigation. It is clear that litigation […]

In Re: Actos (Pioglitazone) Products Liability Litigation, MDL 6:11-md-2299 (2012)

July 27, 2012, United States Magistrate Judge Hanna Doherty of the Western District of Louisiana entered a case management order outlining a protocol that the parties must follow during discovery of electronically stored information (ESI). The judge ordered and detailed predictive coding methodology the parties must utilize.   The full text is available at http://pdfserver.amlaw.com… Open […]

District of Columbia Bar Opinion 362

Opinion No. 362 of the District of Columbia Bar’s Legal Ethics Committee Topics: Non–lawyer Ownership of Discovery Service Vendors Summary of Committee: “Discovery service vendors, such as e–discovery vendors, cannot both practice law within the District of Columbia and be partially or entirely owned by passive non–lawyer investors consistent with D.C. Rule 5.4(b). This Committee’s […]

Moore v. Publicis Groupe, 868 F. Supp. 2d 137, 2012 U.S. Dist. LEXIS 83659, 2012 WL 2218729 (S.D.N.Y. 2012)

This Opinion and Order arose from Plaintiffs’ Motion for Recusal or Disqualification asserting an appearance of partiality due to United States Magistrate Judge Andrew J. Peck’s prior advocacy of predictive coding in appropriate cases. It presents a very detailed analysis of the recusal standards.  The motion was denied because it was held untimely and meritless. […]

Matthew Nelson, Computer-Assisted Review “Acceptable in Appropriate Cases,” says Judge Peck in new Da Silva Moore eDiscovery Ruling

This is a comment of the federal case Da Silva Moore v. Publicis Groupe, 287 F.R.D. 182 (2012). The author states what is the real meaning of the Da Silva ruling for him: “The Court did not order the use of predictive coding” … “Computer-assisted review is not required in all cases”… “Predictive coding technology […]