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Boarding a Flight with Foreign Based Discovery for the Holidays
In the spirit of holiday travel, the Plaintiffs in Park v. Korean Air Lines Co., 2009 U.S. Dist. LEXIS 107647 (C.D. Cal. Nov. 18, 2009) brought a motion to compel discovery regarding tickets purchased...
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Uncovering ESI: 20 Search Term Tips
Special Guest Article by Peter Coons & Tom Groom – D4 LLC Over the years we have keyword searched thousands of hard drives, e-mail stores, thumb drives, CD’s and servers. Using keywords to...
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A Search Terms Gam
Determining search terms can sink into a voyage on the Pequod hunting a white whale. If a party obsesses over search terms, they may find themselves quoting Captain Ahab as they sink in an...
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eDiscovery Does Not Mean Esoteric Discovery
News Am. Mktg. In-Store Servs., is a breach of contract case involving multiple eDiscovery disputes. According to the Plaintiff, the Defendant did the following: Destroyed relevant email evidence,...
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What is a Reasonable Search?
The adequacy of searches for electronically stored information is often a challenge technically and procedurally for attorneys. The case of Mullen v. United States Army Crim. Investigation Command...
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No Request, No Motion to Compel
The Plaintiff in ADT Sec. Servs. v. Pinancle Sec., LLC, objected to a Magistrate Judge’s denial to a motion to compel to redo the Defendant’s search for responsive ESI. The Plaintiff’s argued the...
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You Do Have to Look for Discovery in Your Possession
A Producing Party (the Defendant) argued against searching for responsive electronically stored information, claiming “that the mere fact an employee might have discoverable information or relevant...
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Drop-by-Drop Water Torture Productions
There are judges who have a way with words when they want to make a point. One example of such judicial prose was by Magistrate Judge Gregory G. Hollows in Botell v. United States: At this juncture,...
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Clawback Agreements to Eliminate the Burden of Privilege Review
I am gonna to hit the brakes, he’ll fly right by me. Maverick, Top Gun You’re gonna do what? Merlin, Top Gun Attorneys feel compelled by their duty of competency to their clients to have eyes on...
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Meet & Confer at 10 Paces
There are attorneys who believe the most effective Rule 26(f) meet and confer is simply meeting at dawn with dueling pistols. The parties in Procongps, Inc. v. Skypatrol, LLC, fought over proclaimed...
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Proving the Negative in Discovery Productions
A requesting party has a very difficult problem when a producing party has made a very small production that the requesting party believes is deficient. This situation quickly turns into the requesting...
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Mining for eDiscovery Sanctions
Some cases begin with such a “wow” introduction they have to be seen to be believed: To put it lightly, there has been a severe shortcoming by Defendants in this action during the discovery process....
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Triangulating Discovery Productions
Judge William Orrick summed up a basic truth of eDiscovery: In the age of electronically-stored information (“ESI”), production of all relevant, not privileged and reasonably accessible documents in a...
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Guess What? Cooperation Does Not Mean Privilege or Relevancy Are Dead
Here is the big lesson from the latest Biomet opinion over predictive coding: The Steering Committee wants the whole seed set Biomet used for the algorithm’s initial training. That request reaches well...
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Conferring on Keywords & A Musical Judge
You know someone is taking a hit when a judge works in references to Pink Floyd’s “Sorrow” and Simon and Garfunkel’s “Sounds of Silence.” Sound the Division Bell, because there is a Bridge Over...
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How Not to Be Progressive: Court Rejects Predictive Coding Not Agreed to By...
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...
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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...
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18 Missing Email Messages is not like 18 Minutes of Missing Watergate Tape
Rosemary Woods was not involved in this document production. In motion practice over the adequacy of a production, the Plaintiffs were able to show that the Producing Party did not produce 18 email...
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Search Term Fights Over Proportionality
Attorneys have been fighting over search terms for years. Many times this fight is without expert advice, search efficiency reports, or any evidence to support arguments for or against proportionality....
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Focus on the Merits to Find What is Relevant, Not Search Terms Alone
Responding to a discovery request marries the practice of law to search technology. Rule 26 Conferences in Federal Court often have parties spending a significant amount of time exchanging “search...
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