http://ow.ly/9JQbB
An article by Ralph Losey, Esq. on his e-Discovery Team® blog.
This article discusses many developments in the legal profession that are related to technological advancements used to enhance the quality and speed of the attorney review process.
The article provides references to many cases and other articles that shed light on changes in the standard used to gauge the effectiveness of the attorney review process.
The article states, "The profession is beginning to understand that in today’s world ofToo Much Information, the production of all relevant information is a practical impossibility. See eg. Rowe Entm’t, Inc. v. William Morris Agency, Inc., 205 F.R.D. 421, 423 (S.D.N.Y. 2002)".
The article further states, "Instead, the goal should be production of as many highly relevant documents as is proportionate to the value and significance of the case. Rule 26(b)(2)(c) Federal Rules of Civil Procedure; Sedona Conference Commentary on Proportionality (2010); The Sedona Principles (2007), 2ndPrinciple:
When balancing the cost, burden, and need for electronically stored information, courts and parties should apply the proportionality standard embodied in Fed. R. Civ. P. 26(b)(2)(C) and its state equivalents, which require consideration of the technological feasibility and realistic costs of preserving, retrieving, reviewing, and producing electronically stored information, as well as the nature of the litigation and the amount in controversy."
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