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Negotiate Those Keyword Search Terms, Or Else

What if I were to tell you that you had to spend $6 million — nine percent of your annual operating budget — to comply with an e-discovery subpoena?  And what if you were a non-party to that particular dispute?  The D.C. Circuit has upheld just such a cost in In re Fannie Mae Securities Litigation, [...]

Thorough Searches Are Hard For Everyone

From the Associated Press: Guidance Software Inc. bills itself as the leading provider of technology that helps companies dig up old e-mails and other electronic documents that might be evidence in a lawsuit. Yet when Guidance itself had to face a judge, it was accused of bumbling its internal digital search.

Whether Guidance intentionally hid documents [...]

The End of “Normal Course of Business”?

Craig Ball has an interesting take on Judge Shira Scheindlin’s opinion in S.E.C. v. Collins & Aikman Corp.  Judge Scheindlin, of course, is the author of the landmark Zubulake v. UBS Warburg decisions, so her pronouncements on EDD carry a lot of weight. 

Craig says that Judge Scheindlin’s opinion articulates a newer, stronger standard for collaborative search than we [...]

Being Right and Still Losing

Leonard Deutchman is one of my favorite EDD columnists.  In this article for the Pennsylvania Law Weekly, he observes how courts have made it clear that e-discovery misconduct can result in severe monetary sanctions, even when the offending party prevails on the merits.  (In other words, no matter whether victory is assured or not, play by [...]

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