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Tales of Proportionality and Predictive Coding

A funny thing happened in 2015: courts regularly applied proportionality analysis to the scope of discovery and discussed predictive coding like it was normal. Here is the shocking thing: both topics are “normal” and should not be considered earth-shattering. A Case of Proportionality One of the many 2015 cases in which proportionality intersected with predictive
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Ediscovery Search Results

Timing is everything. Lawyers know all too well that we present cases to juries in the form of chronological stories. I learned this on one of the first cases I worked on, where the chronology of when faxes were sent showing a contractual change was evidence of a breach of fiduciary duty owed to the Plaintiff. The chronology
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image, text and native view

Joshua Gilliland, of Bow Tie Law, Magistrate Judge Paul Cherry understands ediscovery. More importantly, his opinions have the classic “IRAC” analysis of Issue, Rule, Analysis, and Conclusion. This makes Judge Cherry’s cases on the form of production—like Dixon v. Experian Info. Solutions, Inc.—very educational reading.   Form of Production Overview A producing party can state
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Document De-Duplication

A great guest post from Josh Gilliland, of Bow Tie Law, about lawyer responsibility: What is an attorney’s Duty of Loyalty to review discovery documents before producing them to an opposing party? That issue recently arose in Price Waicukauski & Riley v. Murray, a summary judgment battle between a client and his former attorneys. The
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