Tips and Learning

Instead of Fighting About Discovery, Set up First and Second Pass Review to Produce Responsive ESI

Reviewing electronically stored information (“ESI”) for productions should be a streamlined process to identify responsive information. Parties often find new and exciting ways to derail document review. Consider the employment discrimination case of Bird v. Wells Fargo Bank, where the Defendant took the following positions: It would take 6-8 weeks for it to collect the
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confidential data privilege

Protecting confidentiality can be a challenge for attorneys when someone outside of the firm needs to review data in a review database. Questions they’ll typically consider: How can a court rule on communications claimed privileged? How will an expert review a litigation support database to prepare a report without seeing any attorney work product, arguably
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Strategic Document Review: From Issue Coding to Privilege Logs

Strategy is key to finding relevant and responsive discovery to requests for production. In the case of FlowRider Surf, Ltd. v. Pac. Surf Designs, Inc., the Defendant brought a motion to compel production of documents for all search term “hits” without any relevancy review.1 The Defendant claimed that because their requests for production were “narrowly-tailored
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Don’t Gamble on Ediscovery

In my job, I spend a lot of time talking to customers and potential customers. I hear what they’re worried about, and what their priorities are. It’s the most useful thing I do all day. Oftentimes, the feedback is expected: they care about ease of use and fast, accurate search. However, sometimes trends emerge that
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