Notable Articles in E-Discovery April 2012

Judge Orders Predictive Coding Over Plaintiff Objection (

"A state judge in Virginia on Monday ordered that defendants in a case about a collapsed airplane hangar can use predictive coding, despite plaintiff's objections that the technology is not as effective as purely human review...Chamblin's order was in response to a Landow motion requesting either that predictive technology be allowed or that Global Aviation pay any additional costs associated with traditional review."

'Briggs' and Emerging Standards on Government E-Discovery Obligations (

"Following this jurisprudential development, more recently a working group comprised of court representatives and attorneys from the government and private sector issued detailed guidance concerning appropriate forms of ESI production in criminal discovery. Together, these developments provide much-needed guidance on production format and related best practices, and signal movement towards resolving a current gap between ESI production standards in civil and criminal cases."

Cloud Solutions Can Make Sense for Modern Legal Review (Access Data)

"In today’s legal review process, the ability to quickly analyze data and gain insight into that data is what allows a law firm to differentiate itself and beat its opponents. However, in reality law firms are overwhelmed with the amount of data that must be searched, analyzed, and visualized before critical decisions can be made. Add to that the fact that client data is exponentially increasing and new technology is allowing the collection of almost any type of data, no matter the location or form, and you get massive amounts of data needing review."

Courts Warming to Reliability Of Internet Archive Printouts As Evidence (

"Footnote 9. Keystone also argues that the pictures are not sufficiently authenticated because Basalite has not offered evidence of the reliability of printouts from the Internet Archive.... For purposes of Keystone's preliminary-injunction motion, the Court rejects the argument. The Internet Archive has existed since 1996, and federal courts have regularly accepted evidence from the Internet Archive."

Document Review in 2025: ediscovery to infinity and beyond (Legal Technology Insider)

"E-discovery continues to evolve at the speed of light. With developing state and federal rules, new opinions from the bench, and a constant stream of technological innovations, law firms and corporate clients must evolve their practices to stay competitive. Of the many key e-discovery practices that are evolving, document review is currently undergoing rapid transformation. Fifteen years ago, practitioners were reviewing boxes of paper documents in dusty warehouses.  Law clerks were hired to sift through the firm’s files stored in the basement and to then discard past clients’ paper discovery files that were no longer needed.  Now in 2012, that outmoded relic that has been vehemently replaced with innovative technology that is fundamentally altering the manner in which document review is conducted. In fact, the roles played by technology and key personnel involved across the Electronic Discovery Reference Model (EDRM) are being redefined as we speak."

Facebook used in one of five family court cases (Adelaide Now)

"FACEBOOK pages are being used to discredit people in Family Court proceedings and one in five cases now feature photos or comments that have been posted online, lawyers say.

Family law experts say social media sites are a form of character record and spouses are filing information from Facebook with the court through affidavits to discredit the other party."

Federal Court Approves The Use Of “Predictive Coding” Technology-Assisted Document Review (Metropolitan Corporate Counsel)

"2012 continues to deliver seminal decisions from New York courts on issues of first impression relating to electronic discovery. The latest landmark decision is from Southern District of New York Magistrate Judge Andrew J. Peck in Da Silva Moore v. Publicis Groupe, _ F. Supp. 2d _, No. 11-civ-1279 (ALC) (AJP), 2012 WL 607412 (S.D.N.Y. Feb. 24, 2012). In the Da SilvaMoore decision, for the very first time, a court has considered, and approved, the use of advanced document review software in place of more common approaches such as keyword searches or linear review by human reviewers. Predictive coding and technology-assisted review have been hot topics in the e-discovery field for the past few years due to their promise of dramatically lowering discovery costs, but adoption of new review techniques by litigants has been guarded due to the absence of any guidance from any court. This is the first time that any court has expressly indicated that its use is appropriate, and the decision opens the door to increased use of the technique, provided that suitable workflow and quality controls are put into place."