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The April 26 blog post discussed predictive coding as one of many analytical tools available to empower attorneys to work smarter, thereby reducing discovery costs and allowing attorneys to focus sooner on the data most relevant to the litigation. Another tool in the litigator’s arsenal that can promote efficiency during document review is email threading.

According to The Radicati Group…
Continue Reading Email Threading: Another Analytic Tool Available to Promote Efficiency In a Document Review Project

Traditional document review can be one of the most variable and expensive aspects of the discovery process.  The good news is that there are innumerable analytic tools available to empower attorneys to work smarter, whereby reducing discovery costs and allowing attorneys to focus sooner on the data most relevant to the litigation.   And, while various vendors have “proprietary” tools with…
Continue Reading What Can A Litigator Do When There are Hundreds of Thousands of Documents to Review in a Short Period of Time, and a Strict Litigation Budget is in Place?

When faced with the task of collecting, processing, reviewing and producing digital data, law firms (and clients) often retain outside vendors to assist.  Depending on the vendor, and the circumstances of the retention, there may be a single vendor retained to handle the entire spectrum of client needs (i.e., from collection to production).  Or, there may be a series of…
Continue Reading Due Diligence When Selecting a Vendor

When one preserves and collects electronic data for a litigation, one typically casts a broad net.  This, in turn, can result in the preservation and collection of a significant volume of documents that are not relevant to the dispute at hand.  In an effort to identify the most likely relevant documents from the cache that has been broadly preserved and…
Continue Reading Document Preservation: Why Precision and Recall Matter

In 2012, Klipsch Group Inc. (“Klipsch”), a manufacturer of sound equipment, filed a complaint against ePRO E-Commerce Ltd. (“ePRO”), alleging an ePRO subsidiary was selling counterfeit headphones.  Through discovery demands, Klipsch called for the production of information relevant to the sale of the allegedly infringing product, including emails and specific sales data.    Eventually, however, it became clear that ePRO was…
Continue Reading Is a $2.7 Million Dollar E-Discovery Sanction Appropriate In a Lawsuit Valued at $20,000? The Second Circuit Says, Yes.

In Youngevity Intl’s Corp. v. Smith (No: 16-cv-00704 [SD CA December 21, 2017]), defendants sought an Order pursuant to Federal Rules of Civil Procedure 26(g) and 37.  The Order required Plaintiffs to remediate an improper discovery production to pay for Defendants’ costs for bringing the motion to compel and for the cost to review various improper prior productions.  Specifically,…
Continue Reading A Cooperative Discovery Process Promotes Efficient Advocacy

You are involved in litigation and faced with a document review need, what now? Naturally you need to find attorneys to review these documents. To this end, depending on the volume of data at issue, many firms will either: (1) staff the document review with firm attorneys, or (2) work with a vendor to retain a review team comprised of…
Continue Reading What is Predictive Coding and Should I Think About Using It?

What do applications like Snapchat, Telegram, Wickr, Cover Me, Speak On, and Whisper have in common? They are all self-destructing message (“SDM”) applications. What exactly does this mean, you ask? Self-destructing messaging applications transmit information with end-to-end encryption, and auto destruct after a set time period of time, or after receipt and access by the intended recipient.  Consider Snapchat, for…
Continue Reading The Perks and Perils of Self-Destructing Messages

In IDC Financial Publishing, Inc. v. Bonddesk Group, LLC (15-cv-1085-pp, 2017 WL 4863202 (E.D. Wis. Oct. 26, 2017)), the Eastern District of Wisconsin granted IDC’s motion to compel the production of more than 600 documents that had previously been produced by Bonddesk with extensive non-responsive redactions applied.

Bonddesk argued that the applied redactions were necessary to protect confidential business…
Continue Reading When Are Redactions Based Upon Relevance (or, a Lack Thereof) Permissible?