Knotty Issues of eDiscovery
Judges want parties to solve complex eDiscovery problems with effective meet and confers. It is never a good idea for a producing party to go radio silent after agreeing to a production.
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Logically connecting special interrogatories and requests for production by subject matter can expedite drafting discovery responses.
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There is no shortage of duty to preserve cases. Issuing a litigation hold is a universal constant in any lawsuit. Yet, what if individuals under a duty to preserve use messaging apps that automatically delete messages? The answer is a Court finding parties acted with the intent to deprive the[…]
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Parties challenging a discovery production need more than a “feeling” ESI was not produced.
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There is a universal truth in discovery: perfection is not the standard for discovery responses. This does not mean producing parties can throw caution to the wind for their Rule 26(g) obligations that a discovery response is complete and correct after a reasonable inquiry. However, one missing email is not[…]
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Bringing a lawsuit against an individual known only by an Internet Protocol address raises a very big issue: WHO do you sue? U.S. Magistrate Judge Mitch Dembin resolved that issue in Strike 3 Holdings, LLC v Doe, 2023 U.S. Dist. LEXIS 33562 (Feb 23, 2023). The case involved a plaintiff[…]
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In litigation alleging employment discrimination under Title VII of the Civil Rights Act of 1964, the Court decided evidentiary issues over email and a blog post. Jones v. Sansom (D.Conn. Nov. 10, 2023, No. 3:21-cv-00442 (VAB)) 2023 U.S.Dist.LEXIS 202170. The number of motions in limine sound like an epic miniseries[…]
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Document review can be a complex process with high risk of extensive motion practice if there is a mistake. Way back in my days in law school, document productions were not discussed in Civil Procedure. However, just as understanding personal jurisdiction, service of process, and venue, are the nuts of[…]
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Searches terms are the beginning of collecting and identifying electronically stored information. Far from perfect, search terms are the kickoff for document review. Yes, email threading, deduplication, clustering, predictive coding, and other forms of technology-assisted review enable lawyers to not plow through ESI like it is a football stadium full[…]
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Here is a simple question with a complex answer: Should search terms be used before or after predictive coding? That question was the subject of dueling motions in In re Allergan Biocell Textured Breast Implant Prods. Liab. Litig. (D.N.J. Oct. 25, 2022, No. MDL No. 2921) 2022 U.S.Dist.LEXIS 200790, at[…]
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