Archives: Preservation & e-Discovery

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FRCP amended Rule 26 puts litigation on data diet – will it stick?

As we anticipate the calorie-bomb of Thanksgiving dinner, let’s face it – litigation preservation is overweight, obese, and corpulent, torpidly dazed in a fat/sugar coma of way too much data. But effective Dec. 1, amended Rule 26 of the Federal Rules of Civil Procedure strikes back, limiting the scope of discovery to what is “proportional.” Will … Continue Reading

But Judge, the dog ate my homework!

When a judge hears that documents no longer exist due to a company’s retention schedule, it feels like we’re transported back to grade school, with a sheepish pupil making lame excuses about “disappearing” homework. Courts can seem skeptical, even disdainful, about retention schedules. As the U.S. Supreme Court characterized them in Arthur Andersen LLP v. … Continue Reading

Documents, data, and THINGS… oh my!

Admit it – it feels strange, in an e-discovery world, to include “tangible things” in a legal hold notice. Litigation has always been document-intensive, and preserving ESI has been the crux of compliant legal hold practice ever since Judge Scheindlin took us to school in Zubulake. But as Starbucks recently learned the hard way, we forget … Continue Reading

Show me yours and I’ll show you mine — The importance of TAR transparency

I write this post on the three-year anniversary (Cheers!) of Judge Andrew Peck’s Da Silva Moore v. Publicis Groupe et al, S.D. New York, 11-1279, 2-24-2012 opinion, widely cited as the first case ruling to endorse the use of predictive coding or “technology-assisted review” (TAR) as a discovery tool. TAR is the process of training a … Continue Reading