E-Discovery Search Terms: What Are Reasonable E-Discovery Search Parameters?

http://ow.ly/8dZdT

An article by Mike Hamilton, J.D. posted on the e-Discovery Beat website.

This article provides information regarding the lessons learned from the case  I-Med Pharma, Inc. v. Biomatrix, Inc.


This article shows examples of discovery requests for keyword search terms that were deemed to be overly broad.

The article states that certain factors must be considered to determine if search requests are reasonable, including:

1. Needs of the case
2. Amount in controversy
3. Each parties’ resources
4. Importance of the issues in the action
5. Importance of the discovery in resolving the issues

The article further states, "When evaluating the reasonableness of search terms, the court will consider a variety of factors, including:

• Scope of documents to be searched and whether the search is restricted to specific custodians or data sources
• If date restrictions are imposed for the search
• “Whether the search terms contain proper names, uncommon abbreviations, or other terms unlikely to occur in irrelevant documents”
• “Whether the number of results obtained could be practically reviewed given the economics of the case and the amount of money at issue”"