Archive for the ‘eD’ Category

Legal teams and judges faced a complex and ever-changing E-discovery landscape in 2011.  Here are some of the trends I noted throughout the year: (1) In the midst of the trend of outsourcing e-discovery, a consistent and robust QC workflow is crucial. Performing the QC  ensures attorneys are accurately reviewing outsourced work and protects clients from future […]


In 2011, according to a Digital University Study, a staggering 1.8 zettabytes of information was created and duplicated. It is estimated that by 2020, we will generate 50 times that amount of information.  The impact of this growth has posed a peculiar burden upon the legal industry. This is mainly due to the fact that […]


The Quality Check (QC) process should begin after a first pass review of the documents has been completed.  The QC team should consist of reviewers and project managers that have demonstrated a high level of understanding about the case and documents.  Although the QC process will be different for each case, there are some general steps that […]


In Dartnell Enterprises, Inc. v Hewlett-Packard Co., the Defendant Hewlett-Packard (HP)  was ordered to produce responsive documents in their native electronic  format despite its production of hard copies of those documents.  The underlying action involved a business relationship between Dartnell and HP.  Plaintiff Dartnell alleged that HP had engaged in bad faith and tortuously interfered with […]


Many litigators do not employ the clawback trick.  You just have to take a look at the circumstances surrounding J-M Manufacturing Company, Inc v. McDermott Will & Emery to bolster this point.  Now, this may be the case because the clawback provisions appear in the Federal Rules of Evidence, rather than the Federal Rules of […]



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