Lessons in Producing 4.2 Million Search Term Hits All Designated Attorney-Eyes Only

Discovery requires thoughtful planning on how to search for electronically stored information, conferring with the opposing party on search methodologies, and following stipulations on designating ESI as Attorney-Eyes Only (AEO). The Plaintiffs in Youngevity Int’l Corp. v. Smith produced 4.2 million search term hits, designated them all AEO, and failed to[…]

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Nebraska, Where Proportionality is Alive and Well in Discovery

One lesson from United States v. Univ. of Neb. at Kearney, is that maybe you should take depositions of key parties and use interrogatories to find out relevant information to your case before asking for over 40,000 records that contain the personal information of unrelated third-parties to a lawsuit. The[…]

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How Not to Be Progressive: Court Rejects Predictive Coding Not Agreed to By Parties

Fighting over discovery search methodology makes me think of President Richard Nixon’s resignation speech: “Always remember, there are those who hate you. And the only way to keep them from winning is to hate them right back. And then you destroy yourself.” Attacking a party who used predictive coding to[…]

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