The Narrowing of Search Terms in Motions to Compel Electronically Stored Information

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There is a continuing trend in search term cases: You do not see judges discussing experts and Federal Rules of Evidence 702. Now, perhaps this is just in cases where custodian names or simple search terms were at issue, such as William A. Gross Constr. Assocs. v. Am. Mfrs. Mut. Ins. Co., 2009 U.S. Dist. LEXIS 22903 (S.D.N.Y. Mar. 19, 2009) and Asarco, Inc. v. United States EPA, 2009 U.S. Dist. LEXIS 37182 (D.D.C. Apr. 28, 2009).

The main focus of Curtis v. Alcoa, Inc.,2009 U.S. Dist. LEXIS 71581 (E.D. Tenn. Mar. 27, 2009) was whether specific discovery was protected by the attorney-client privilege (a great exercise for law students taking Evidence). A secondary focus of the opinion was a motion to compel an additional ESI search with revised keywords. Curtis, 38-39.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Joshua Gilliland, Bow Tie Law Blog | Attorney Advertising

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