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Law & Forensics guides organizations in the design, integration and operation of their e-discovery platform, ensuring that the systems work together seamlessly, are defensible during litigation, and are cost effective. Law & Forensics provides e-discovery technology and process consulting services. Unlike other system integration service providers, Law & Forensics provides an integrated holistic view of…
SEARCH A very interesting development set out in the default standard is in respect to search methodology. Specifically, the default standard holds that when a producing party uses search terms to find responsive information, it shall disclose such terms to the requesting party. This judicially mandated transparency with keywords presents an interesting question if the…
The default standard does not require that each party to a case designate an e-discovery liaison through which all e-discovery requests are to be made. However, identifying such an individual can certainly aid in providing a smooth e-discovery experience. The individual can be a third-party consultant, an employee of the party, or counsel. The key…
On Dec. 8, 2011, the U.S. District Court for the District of Delaware adopted a “Default Standard for Discovery, Including Discovery of Electronically Stored Information (ESI)”[FOOTNOTE 1] that was seven years in the making. The default standard replaces the old ad hoc mixture of the Federal Rules of Civil Procedure, case law, and local rules…
Predictive Coding Endorsed by the Southern District of New York. Judge Carter published his opinion (1:11-cv-01279-ALC-AJP) in Monique da Silva Moore, et al. v. Publicis Group SA, et al. (hereinafter “Da Silva”). In the opinion, Judge Carter affirmed Magistrate Judge Peck’s order approving (and arguably outright advocating for) the use of predictive coding, if both…
by Daniel B. Garrie Many in the blogosphere and e-discovery community thought Da Silva (Da Silva Moore v. Publicis Groupe & MSL Group. 11 Civ. 1279 (S.D.N.Y. Feb 24, 2012)) would lay the foundation upon which Kleen Products (link to most recently available transcripts) (Kleen Products LLC v. Packaging Corporation of America et al.,No. 10…