Case Law

Virginia Court Orders Predictive Coding

Tuesday, May 8th, 2012

Last week, a state judge in Virginia’s 20th judicial circuit ordered that defendants use predictive coding, despite plaintiff’s objections that the technology is not as effective as purely human review.Global Aerospace Inc., et al, v. Landow Aviation, L.P. d/b/a Dulles Jet Center, et al For a full copy of the Law.com article click here.
Predictive coding [...]

Peck’s Predictive Coding Ruling Upheld

Monday, April 30th, 2012

Magistrate Judge Andrew Peck’s February ruling allowing the use of predictive coding, aka computer-assisted review, to weed through millions of electronic documents in discovery has been upheld by a federal judge.  See LTN’s full article here.

Discovery Subcommittee Reaches No Consensus on Preservation Issues

Monday, September 19th, 2011

David J. Kessler and Emily Johnston from Fulbright & Jaworksi, L.L.P.’s e-Discovery and Information Governance practice have posted an article on Fulbright’s website about the Subcommittee’s recent Mini-Conference on perservation held on September 9, 2011.  Ms. Johnston attended the conference as an observer and reports that the group met to discuss the possibility of FRCP [...]

Judge Scheindlin Withdraws E-Discovery Opinion

Tuesday, July 5th, 2011

Judge Scheindlin has withdrawn her February 7th opinion in Nat’l Day Laborer Org. Network v. United States Immigration and Customs Enforcement Agency.  K&L Gates has commentary and a link to the opinion here.

Judge Scheindlin Issues New E-Discovery Opinion

Friday, February 25th, 2011

Recent Decision by Zubulake judge, Shira Scheindlin, Addresses Both Form of Production and Cooperation
Judge Shira Scheindlin’s new opinion, National Day Laborer Organizing Network v. US Immigration and Customs Enforcement Agency, reiterates the importance of metadata and cooperation in e-discovery—two distinct e-discovery notions as one relates to form of production and the other to counsel’s conduct [...]

7th Circuit Court Orders E-Discovery Homework

Wednesday, January 26th, 2011

A recent case out of the Northern District of Illinois ordered not only a phased approach to discovery, but for the parties involved to do some homework as well.  The parties were expected to be up to speed on both the Seventh Circuit’s Electronic Discovery Pilot Program’s Principles, as well as, the Sedona Conference’s Cooperation [...]

Courts Accept a Phased Discovery Approach

Monday, December 6th, 2010

A phased approach to discovery is both a reasonable and proportional method to obtain relevant electronic information. There is a growing number of opinions espousing this notion, including Haka v. Lincoln County stemming from the Western District of Wisconsin.

Judge Waxse Issues New Opinion on Clawbacks

Monday, November 8th, 2010

Ralph Losey—an expert in the field of e-discovery—has an excellent analysis of Judge Waxse’s newsworthy decision.

Judge Grimm Issues Victor Stanley II Opinion

Thursday, September 30th, 2010

Judge Grimm has been at the forefront of e-discovery legal analysis and offers his own e-discovery protocol in this new opinion.

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