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BABC eDiscovery Newsletter - April 2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS...more

Court Permits Combination of Predictive Coding and Keyword Search

Focusing on precision rather than recall, district court finds that process complies with discovery obligations....more

Campmor, Inc. v. Brulant, LLC

Order on Motions in Limine

An unusually detailed ruling on various pretrial motions in limine...more

Evolving Judicial Attitudes Towards Predictive Coding Suggest It May Soon Be Time to Retire the Defensibility Question

As predictive coding technology began garnering attention, one of the earliest and most common questions among attorneys paying attention to e-Discovery issues – probably the second most common question, right after “does it...more

E-Discovery Of Digital Images And Video

Cell phones and tablets have become the modern day Swiss Army Knife, the key to survival when navigating the treacherous trails of daily life. Not only can these devices guide you through the vast array of potential...more

What Does the Crystal Ball Say on the Future of Technology Assisted Review?

The day when robots start doing legal work might come sooner than you think. Indeed, courts and litigants across the country appear to have a laserbeam focus on the newest entrant to the E-Discovery scene: computer assisted...more

Computer-Assisted Review Costs Awarded in California Patent Case

Court finds that using technology to undertake more efficient document review is reasonable. On February 1, Judge Anthony J. Battaglia of the U.S. District Court for the Southern District of California awarded more...more

Court Quotes Mark Zuckerberg’s Opinion Of Where Privacy Is Going On The Web

Since this blog’s inception we have frequently posted about the discovery of social media content; however, it is rare, indeed, when a decision we review cites to the opinion of a social media website’s chief executive...more

Campmor, Inc. v. Brulant, LLC

Reply Brief in Support of Campmor's Motion in Limine to Exclude Evidence Concerning Service of the Complaint at Trial

From the preliminary statement: "For all its bluster, Rosetta’s opposition to Campmor’s motion in limine falls unsurprisingly short on substance – and never comes close to demonstrating why the jury in this complex...more

Campmor, Inc. v. Brulant, LLC

Brief in Opposition to Brulant / Rosetta's Motion in Limine to Strike Material from the Pretrial Order

This brief opposed a motion by defendant to essentially, we argued, relitigate key issues in the case. The court agreed with the vast majority of our opposition, as demonstrated by the order entered on this motion and linked...more

Campmor, Inc. v. Brulant, LLC

Brief in Opposition to Brulant / Rosetta's Motion in Limine to Limit Damages Evidence

Memorandum of law in opposition to defendant's ultimately unsuccessful motion to limit key evidence of lost profits and other damages in amounts beyond the stated contract limitations. We demonstrated that under Ohio law,...more

Campmor, Inc. v. Brulant, LLC

Campmor's Brief in Opposition to Brulant / Rosetta's Motion in Limine to Bar Certain Evidence at Trial

Brief in opposition to several motions in limine brought by defendant in this action. ...more

Law Firms And Cloud Computing

The term “cloud computing” has been tossed about as the new trend in IT. Unfortunately, just as often has you hear the term echoed as the “next big thing” a comprehensible definition rarely follows. So what is cloud...more

On metadata: The document speaks for itself (but does it say too much?)

Metadata as blessing and burden - The settlement agreement I drafted took a lengthy path before it came back to me. My opposing counsel’s assistant opened it first. Then it was forwarded to an associate. The associate...more

Campmor, Inc. v. Brulant, LLC

Campmor's Brief in Support of its Motion in Limine to Exclude References Concerning the Date of Service of the Complaint at Trial

From the preliminary statement: "Plaintiff Campmor, Inc. (“Campmor”) submits this memorandum of law in support of its motion for an order, pursuant to Federal Rules of Evidence 401, 402 and 403, excluding from trial all...more

Predictive Coding Comes of Age

So-called “predictive coding” — using a small number of manually-coded documents to analyze and predict appropriate coding for a much larger set of documents — has become a hot topic in e-discovery. This past year brought the...more

Chancery Court Endorses Predictive Coding

Signaling the growing acceptance of predictive coding of electronically stored information - a process by which computer algorithms determine whether a document is relevant - the Delaware Chancery Court this month for the...more

Delaware Chancellery Court Sua Sponte Orders Parties to Use Predictive Coding

On October 15, 2012, Vice Chancellor J. Travis Laster of the Delaware Court of Chancellery ordered the parties in EORHB, Inc., et al. v. HOA Holdings, Inc., et al., Case No. 7409-VCL (Del. Ch. Ct. Oct. 15, 2012) to utilize...more

Three Drawbacks to Keyword Searches for Finding Electronic Evidence Know your limits when searching for electronically stored...

Originally published on i-Sight.com's blog: “3 Drawbacks to Keyword Searches for Finding Electronic Evidence.” The plethora of electronically stored information (ESI) being created on an annual basis creates challenges and...more

The Brief - Fall 2012 - Vol.42, No. 1 - October 17, 2012: "Meeting Your Duties Regarding Electronically Stored Information"

Originally published in ABA Tort Trial & Insurance Practice Section's The Brief in Fall 2012. The law governing electronically stored information (ESI) has been developing at a rapid rate for at least 15 years. For those...more

Simple Solutions: Optical Character Recognition with ABBYY FineReader 11

In modern litigation, the discovery process is often lengthy and expensive, depending on the complexity of the issues and the amount of documents that may need to be produced....more

Sanctioning Spoliation of Evidence

Today’s Take: Sanctions for the Automatic Deletion of Evidence by Computers In my recent blog post entitled Preserving Evidence Through Demand Letters, we discussed how a demand letter can trigger the duty to preserve...more

Social Media and Discovery: New Technology, but the Old Rules Still Apply

Originally published in Laches (Aug. 2011). 1. SOCIAL MEDIA INFORMATION IS GENERALLY DISCOVERABLE Social media has dramatically changed how humans interact with each other and the digital footprint left by...more

The Trend Towards Greater Adoption of Predictive Coding: the Good, the Bad, and the Ugly

Predictive coding, also known as automated review, represents an evolving technology that provides litigants with a computer-assisted alternative to manual review of large document sets. Although numerous implementations of...more

E-Discovery Rule Amendments Adopted by Florida Supreme Court

E-discovery rule amendments adopted by Florida Supreme Court This summer, the Supreme Court of Florida finally approved E-discovery rule amendments proposed by The Florida Bar’s Civil Procedure Rules Standing Committee. The...more