Discovery Resources

This article, from The Legal Intelligencer, looks at recent court decisions which now seem to demand a standard of near perfection from in-house and outside counsel in managing e-discovery. Indeed, courts are showing little patience for preservation, privilege review or production mistakes and are not hesitating to hold parties and their counsel responsible for such mistakes.  Read more….

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Keyword search is deemed “good enough” for identifying responsive electronically stored information; yet when privilege is on the line, lawyers insist on page-by-page review.  Continue reading

Judge Grimm’s decision in the Victor Stanley case has a chilling effect on lawyers who craft their own key word searches, absent advice from experts who can provide quality assurance and quality control. Read Craig Ball’s article about it (registration required).

The July 2008 edition of the ABA Journal provides insight into the judicial view of e-discovery: “When electronic discovery disputes get heated in his courtroom, Magis­trate Judge David J. Waxse of the U.S. District Court in Kansas has a simple strategy: “If someone comes to me and says, ‘So and so is impossible to deal with continue…

Slowly but surely, U.S. Magistrate Judge Paul Grimm is writing a treatise on electronic discovery. H. Christopher Boehning and and Daniel J. Toal discuss Judge Grimm’s recent rulings around privilege and his comments on search methodologies in the New York Law Journal.