Monday, April 29, 2013

Court Agrees with Defendant that Preserving 5 Terabytes of Data is Enough

An article by Doug Austin, appearing on the eDiscovery Daily Blog.

This article discusses the case of United States ex rel. King v. Solvay, S.A., No. H-06-2662, 2013 U.S. Dist. LEXIS 30752 (S.D. Tex. Mar. 5, 2013), in which the court failed to fully grant the plaintiff's request for expanded discovery, and ordered a limited expansion of discovery.

The article states, "Under Federal Rule of Civil Procedure 26(c)(1), courts can limit discovery to protect parties from undue burden or expense. Judge Miller agreed with the defendant that a few references that conduct was continuing “‘to the present’ in a 267-page complaint containing more than 768 paragraphs does not justify the burden and expense associated with unfettered discovery ‘to the present’ in a case in which discovery is already going to be incredibly expensive and time-consuming.” Although Judge Miller was willing to extend the relevant time frame to include some claims outside of the relators’ personal knowledge because the real party in interest was the United States, he was not willing to go so far as to permit the “generalized claims of ongoing conduct to form the basis for a fishing expedition.” As a result, he granted the motion for a protective order, limiting the time frames for Solvay’s discovery obligations."

In terms of proportionality, the defendant stated, "Moreover, the company argued that it would cost at least $480,000 to process the eMails it was already preserving, and the review of those eMails would cost $2.3 million, excluding quality control, privilege review, and production costs."

Thursday, April 25, 2013

Court Forces Defendant to Come to Terms with Plaintiff Search Request – eDiscovery Case Law

An article by Doug Austin appearing on the eDiscovery Daily Blog. The article looks at the case Robert Bosch LLC v. Snap-On, Inc., No. 12-11503, (D. ED Mich. Mar. 14, 2013), in which the court ordered the defendant to utilize the search terms requested by the plaintiff but failed to impose sanctions.  The dispute centered on 2 additional search terms the plaintiff's requested but the defendant's rejected, arguing that they were not likely to produce additional relevant materials.

The article states, "It’s interesting that the defendant didn’t provide document retrieval counts and try to argue on the basis of proportionality. Perhaps providing the counts would reveal too much strategy? Regardless, it seems that the wildcard search for “test” could be argued as potentially overbroad – there are 60 words in the English language that begin with “test”. It looks like somebody is getting “wild” with wildcards!"

Thursday, April 18, 2013

[Free E-Book Download] Social Media for Litigators and Lit Support

Click the link above to obtain a free download of an e-Book from A2L Consulting entitled "Social Media for Litigators and Lit Support."  The link above leads to a post from Ken Lopez, C.E.O. of A2L, and provides another link to allow a free download of the aforementioned e-Book.

Wednesday, April 17, 2013

Borg Challenge: Part Five where I summarize my findings by Ralph Losey, Esq.

A video and accompanying notes by Ralph Losey, Esq. appearing on the eDiscovery Team® blog. This is part 5 in 5 part series that discusses a predictive coding project that was undertaken by the author, and compares 2 workflow methods that relied on the same technology.

Tuesday, April 16, 2013

Borg Challenge: Part Four where I complete the experiment by Ralph Losey, Esq.

Borg Challenge: Part Four where I complete the experiment, a video series by Ralph Losey, Esq. of the eDiscovery Team®, providing information regarding a predictive coding experiment he has been undertaking.  This video is part 4 in a 5 part series and links to parts 1 through 3 are also provided via the link to part 4 of the series above.

Friday, April 12, 2013

Cyberattacks a Mounting Challenge for Employers

An article posted on the National Law Review website, co-authored by Paul S. Cowie and Dorna Moini, discussing the increasing threat of cyberattacks on corporate information systems.

Wednesday, April 10, 2013

Best and Worst Law Schools for Jobs

The National Law Journal has published a list of the best law schools to go to if you want to work in Biglaw after graduation. Here is the list:

The NLJ has a list of the 10 law schools with the highest percentage of 2012 graduates who were seeing employment, but hadn't been lucky enough to find a job within nine months of graduation. Here is the list:

eDiscovery - The Use of TAR and Predictive Coding in eDiscovery and Information Governance - Joint Session - NYCPA - ARMA - PALS and WIE - New York Chapters -

eDiscovery Joint Session
 the Association of Records Managers and Administrators, NYC Chapter (
ARMA), Paralegals and Litigation Support Working Group (PALS) and Women in eDiscovery (WIE) on
The Use of TAR and Predictive Coding in eDiscovery and Information Governance
This session will delve into the similarities, differences and symbiotic relationships between the technologies that drive today's core law firm functions.

A moderated panel of experts will weigh in on the salient issues surrounding the recent emergence of predictive coding as a tool to harness information beyond its value in litigation, and will look at the implications of its use in technology aided review for eDiscovery.
Don't Miss this Panel Discussion, Dinner and Networking Event!
6:00 - 9:00 PM
Studio 9C, NBCUniversal
30 Rockefeller Center
New York, NY 10112

Business Attire

Dinner and drinks are included along with open beer and wine bar.

To Register, click HERE

Speaker bios:ModeratorRudy Moliere - Rudy is the Director of Records & Information at Morgan Lewis & Bockius LLP. With more than 20 years of experience, He assisted firms develop leading practices and policies on records management.

Before joining Morgan Lewis, Rudy was the Director of Information Governance & Records Management at White & Case, LLP. Prior to that Rudy was the Records Manager and Compliance Officer at Paul Weiss, where he helped develop and oversee the Firm's records retention policy and records management guidelines. While at Paul Weiss, he implemented innovative technology to manage the retention and disposition of Firm and client records.


Alan Winchester, Esq. - Alan is a member of the firm and leader of the e-info sm Electronic Information Counseling and Management Team, which provides comprehensive document management services for both transactional and litigation scenarios. He also practices within the Medical & Life Sciences Industry Team and in the Mass Torts & Industry-Wide Litigation Practice Group.
As electronic discovery counsel, Mr. Winchester is experienced in all phases of information management relating to the development of document management strategies and policies, compliance with regulatory agencies, e-discovery, including the preservation, collection and production of documents, development of search criteria, review of documents for responsiveness and privilege, sampling of electronic documents for pre-litigation assessments, as well as the development of retention and disaster plans.

Joseph C. Bartolo, J.D. - Joe was the Director of Legal Projects for Robert Half Legal in 2012. Joe is a former litigator in New York, having worked on complex mass tort cases, and having successfully argued appeals before the New York State Appellate Division. Joe is a subject matter expert in eDiscovery, and is a former working group leader in the EDRM organization. He is a certified Clearwell Administrator, and a Certified iCONNECT Administrator. Joe was formerly the National Technology Advisor for IKON. He has instructed CLE courses on eDiscovery topics for over 100 law firms, and corporate law departments, throughout the U.S.

Joe is a published author, and an avid blogger, and is a co-founder of the Litigation Support Technology and News blog.

Hon. Ronald J. Hedges (retired) - Ron is the principal of Ronald J. Hedges LLC and is of counsel to Corodemus & Corodemus. He has extensive experience in e-discovery and in the management of complex litigation and has served as a special master, arbitrator and mediator. He also consults on management and discovery of electronically stored information (“ESI”).

Mr. Hedges was a United States Magistrate Judge in the United States District Court for the District of New Jersey from 1986 to 2007. While a magistrate judge, he was the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory Committee, and both a member of, and reporter for, the Civil Justice Reform Act Advisory Committee. From 2001 to 2005 he was a member of the Advisory Group of Magistrate Judges.

Salvatore Mancuso - Sal Mancuse has 25 years of experience in providing Litigation and Practice Support, stemming from both the law and the service provider side of the industry. He is currently the Director of Practice Support for Proskauer Rose, LLP.

Mariana Fradman, MBA
NYCPA President, Mentor Program & CLE Chairperson
Member of the Advisory Board of the Institute of Paralegal Studies, SCPS, New York University
Members of the Advisory Board of the Paralegal Program, New York Career Institute
Phone: 347-586-9272

Monday, April 8, 2013

Predictive Equality and Coding Before Discovery. A Fresh Look at ReTasking TAR Technology for Upstream Information Governance.

A Panel Discussion with Information Governance Expert Rudy Moliere and eDiscovery Subjet Matter Experts Hon. Ronald Hedges (Retired); Alan Winchester, Esq.; Sal Mancuso; and Joe Bartolo, J.D.


TOPIC: Predictive Equality and Coding Before Discovery. A Fresh Look at ReTasking TAR Technology for Upstream Information Governance.
This panel discussion will delve into the similarities, differences and symbiotic relationships between the technologies that drive today's core law firm and corporate legal department functions. Our panel of experts will weigh in on the salient issues surrounding the recent emergence of predictive coding as a tool to harness information beyond its value in litigation, and will look at the implications of its use in technology aided review for eDiscovery.This is a joint dinner meeting, in conjunction with New York City Paralegal Association andPALS. 
Location: NBC Studio 9C, 30 Rockefeller Plaza, NY, NY
Time: 6:00 P.M. - 8:00 P.M.
Due to Security Restrictions, please register online for this event and you must arrive no later than 6:30 for this event. Directions will be sent to all registrants on Wednesday, April 10th.
This event is sponsored by:

A Commentary on Proportionality in eDiscovery - Post-Public Comment Version Released by The Sedona Conference

Download the Post-Public Comment Version of the Sedona Conference - A Commentary on Proportionality in eDiscovery - Click the link above to register for a free download.  The Sedona Commentary was released in January, 2013, and the new release includes feedback from the public.

Friday, April 5, 2013

Predictions on predictive coding

An article by Robert L. Byman, appearing on the website via the National Law Journal.

The article discusses predictive coding, and discusses the impact that it is having upon the legal profession.  The article also discusses the need for greater participation among opposing counsel in regards to the discovery process.  The article states, "But here's my prediction: Predictive coding is a cool new tool, but it will not solve the basic problem. Discovery will remain expensive, parties will remain combative, and courts will remain perplexed as they try to sort things out. As Pogo so aptly put it, "We have met the enemy and he is us." We lawyers are the problem. New tools are nice, but new attitudes would be better.

The problem is that lawyers too often view cooperation and compromise as antithetical to zealous advocacy; we distrust and oppose whatever our opponent proposes. If you want to use predictive coding, I don't. If I want to use 20 search terms, you want 50 different ones. If you want to search 20 custodians, I demand 200. And when, invariably, the receiving party claims production is incomplete, we race one another to court."

Wednesday, April 3, 2013

There Can Be No Justice Without Truth, And No Truth Without Search

An article by Ralph Losey, Esq. posted on the eDiscovery Team®

The article discusses the importance of search, and the need for use of technology.  The article points out that computer technology has created a mess for attorneys but can also help solve that mess.  "Predictive coding type machine learning, when used properly, empowers lawyers to save our legal system from information noise. For the past decade the nearly insoluble needle in the haystack problem of evidence retrieval has gotten worse every year. We have not been able to find the evidence needed to do justice in an effective and affordable manner because of the problem of Too Much Information. But now the tide is turning.

This problem was brought on by the unprecedented, rapid advances in computer technology. Computers got our system of justice into this mess, and now, finally, computers can help us get out."

Monday, April 1, 2013

eDiscovery Panel Discussion, Dinner and Networking Event - New York City - April 11th, 2013

Click the link below for more information:

Joe Bartolo, co-founder of this blog, is pleased to be a panelist in this upcoming event, scheduled at NBC Studios in New York City, on April 11th.