Notable Articles in E-Discovery

Lessons Learned From Predictive Coding in 'Da Silva Moore'  (Rebecca N. Shwayri)

"In Monique Da Silva Moore v. Publicis Groupe & MSL Group, Case No. 11-cv-01279 (S.D.N.Y. Feb. 24, 2012), U.S. Magistrate Judge Andrew J. Peck for the U.S. District Court for the Southern District of New York endorsed the use of predictive coding to locate electronically stored information in a document-intensive, employment discrimination case involving 3 million emails. This is the first case to date that endorses a protocol for the use of predictive coding to locate documents relevant to litigation in ESI."


New Methods for Legal Search and Review (Ralph Losey)

"New systems of e-discovery are emerging that are designed for today’s digital world. Unlike most existing e-discovery systems, they are not mere adaptations of old paper discovery ways. The new methods use an entirely new collaborative approach and technologies, exemplified by predictive coding software. Although this paradigm shift in discovery is just starting, many of the contours of the new methods are already apparent."


A Search Terms Gam (Josh Gilliland)

"Determining search terms can sink into a voyage on the Pequodhunting a white whale. If a party obsesses over search terms, they may find themselves quoting Captain Ahab as they sink in an over-inclusive ocean of electronically stored information."


Disclosing Novel Document Review Methods (Robert Trenchard, Steven Berrent)

"Before the advent of large-scale e-discovery, lawyers had no need to disclose how they planned to review documents for responsiveness and privilege. Everyone knew there was only one way to do it. A human being looked at each record. But as e-discovery has mushroomed, new methods have been adopted to review large datasets without people personally examining every record. Such methods range from simple keyword searching, to concept grouping, to sophisticated "predictive coding."1"


eDiscovery History: A Look Back at Zubulake (Doug Austin)

"Those of us who have been involved in litigation support and discovery management for years are fully aware of the significance of the Zubulake case and its huge impact on discovery of electronic data.  Even if you haven’t been in the industry for several years, you’ve probably heard of the case and understand that it’s a significant case.  But, do you understand just how many groundbreaking opinions resulted from that case?  For those who aren’t aware, let’s take a look back."


Keyword Search Terms: How to adequately argue for alternative search parameters (Mike Hamilton)

"Within early stages of litigation, to successfully negotiate and object to discovery parameters, such as keyword search terms, parties must have a legal justification AND provide adequate evidence to support their objection. Unsupported statements and concerns about producing “an unreasonable number of irrelevant results,” or that discovery parameters are not proportional to the matter are only conclusory statements."