The Codename is “Motion to Compel Review of the Search Hits”

Search terms are a lot like the game Codenames, where parties find themselves guessing terms of art to discover relevant electronically stored information. In a lawsuit between news-aggregator cell-phone apps, the Plaintiffs learned the Defendants referred to the Plaintiff’s app by the codename “Ajax.” The Defendants admitted there were 5,126[…]

Read more

Guest Post on Everlaw: Is An Attorney Responsible for Manually Reviewing Discovery Before Production?

I prepared a guest post for Everlaw’s blog on an attorney’s ethical duty to follow a client’s instruction to manually review documents prior to production. Is expert testimony required to show a lawyer breached their standard of care or is this issue one a jury can decide on their own?[…]

Read more

Hands-on eDiscovery: California Seminar on Responding to Discovery Requests

I had the good fortune to organize a seminar on responding to electronic discovery requests for the Santa Clara County Bar Association’s Civil Practice Committee on February 27, 2013. However, this seminar was different from other eDiscovery CLE’s, because the attendees spent a full hour conducting searches for responsive ESI[…]

Read more