Knotty Issues of eDiscovery
The use of predictive coding to help identify responsive discovery is a hybrid of science and the practice of law. Attorneys have to understand the merits of the case, the type of electronically stored information that can support the claims and defenses, and how to use the technology to find[…]
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I remember visiting the La Brea Tar Pits as a child. Opinions that focus on whether or not parties should use Technology Assist Review always makes me think of mastodons drowning in tar. Asking a court for permission to use predictive coding, or trying to force a party to use[…]
Read moreTake note all, there is a new predictive coding case by Judge Andrew Peck. The good Judge waded into the TAR-pit of transparency, which in my opinion has caused much unnecessary problems with judges and parties who believe “transparency” is required when predictive coding is used, mandating the disclosure of[…]
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As 2014 draws to a close, it is time to reflect on the cases from this year in eDiscovery. One of the biggest trends I took away from caselaw in 2014, is that more Judges have a greater understanding of eDiscovery, resulting in practical opinions. Here are the practice areas[…]
Read moreI do not normally want to high five Federal judges, but Judge Ronald Buch, a Tax Judge in Texas, sure deserved one after his Dynamo Holdings opinion. The discovery dispute can be summed up as a battle over backup tapes that had confidential information. The Requesting Party wanted the tapes; the Producing[…]
Read moreThe In re Bridgepoint Education case is not one about the merits of predictive coding, but one of proportionality over expanding the scope of discovery by nine months. In re Bridgepoint Educ., 2014 U.S. Dist. LEXIS 108505, 10-11 (S.D. Cal. Aug. 6, 2014). While the cost of document review and[…]
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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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