News & Analysis as of

Keyword Search

Test Your Searches Before the Meet and Confer: eDiscovery Replay

by CloudNine on

...Years ago, I provided search strategy assistance to a client that had already agreed upon several searches with opposing counsel. One search related to mining activities, so the attorney decided to use a wildcard of...more

Fundamentals of Document and ESI Discovery

by Knobbe Martens on

Preserving Evidence: •“The duty to preserve evidence begins when litigation is ‘pending or reasonably foreseeable.’” Micron Tech., Inc. v. Rambus, Inc., 645 F.3d 1311, 1320 (Fed. Cir. 2011) •“It is, of course, not...more

Sure, No Keyword Before TAR, But What About Keyword Instead of TAR?: eDiscovery Best Practices

by CloudNine on

Last month, we discussed whether to perform keyword search culling before performing Predictive Coding/Technology Assisted Review (TAR) and, like many have concluded before (even a judge in FCA US, LLC v. Cummins, Inc.), we...more

To Keyword Cull or Not to Keyword Cull? That is the Question: eDiscovery Trends

by CloudNine on

We’re seeing a lot of discussion about whether to perform keyword searching before predictive coding. We’ve even seen a recent case where a judge weighed in as to whether TAR with or without keyword searching is preferable. ...more

Court Determines TAR Without Keyword Search Culling First is Preferable: eDiscovery Case Law

by CloudNine on

In FCA US, LLC v. Cummins, Inc., No. 16-12883 (E.D. Mich., Mar. 28, 2017), Michigan District Judge Avern Cohn “rather reluctantly” decided a dispute between the plaintiff and defendant on whether the universe of electronic...more

Keyword ads — Only infringing if they’re confusing

by Thompson Coburn LLP on

Neighbors can be helpful. Our Canadian neighbors may have just helped U.S. trademark owners who wonder about the legality of use of their trademarks in Google AdWords ads, and other search-engine keyword ads....more

David Horrigan of kCura: eDiscovery Trends

by CloudNine on

This is the second of the 2017 Legaltech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding trends at...more

What is De-Duplication and How Do I Do It?

by Farrell Fritz, P.C. on

When collecting electronically stored information (“ESI”) from multiple custodians (i.e., various individuals/ different sources), there will necessarily be duplicative documents collected in the process. In company-wide...more

Efficiency: A Discovery Philosophy, and All You Really Need to Know About Predictive Coding

by Carlton Fields on

The main problem with discovery is the cost. In a very small number of truly bet-the-company cases (for example, where the CEO’s emails must be produced) the greater risk can be failing to do discovery perfectly. But 99 times...more

Court Orders Defendant to Produce Additional ESI Responsive to 78 “Unopposed” Search Terms: eDiscovery Case Law

by CloudNine on

In Venturdyne, Ltd. d/b/a Scientific Dust Collectors v. Carbonyx, Inc., d/b/a Carbonyx Carbon Technologies, et. al., No. 14-00351 (N.D. Ind., Nov. 15, 2016), Indiana District Judge John E. Martin ordered the defendant to...more

Key Word Searching – What Is It? And How Do I Do It (Well)?

by Farrell Fritz, P.C. on

A key word search is a basic search technique that involves searching for one or more words within or across a collection of documents/files. Typically, the purpose of a key word search in a litigation is to limit the...more

Can Internet Comments and Search Results Prove Trademark Infringement?

by Fenwick & West LLP on

You’ve selected a unique trademark, marketed and sold products under the brand, and continue to build up a base of satisfied customers. But then a new company emerges with a very similar trademark, piggybacking on your...more

Defendant Not Required to Use Predictive Coding by Court: eDiscovery Case Law

by CloudNine on

Regardless how the election turned out last night, eDiscovery case law marches on… In the case In re Viagra Products Liability Litigation, 16-02691 (N.D. Cali., Oct. 14, 2016), California Magistrate Judge Sallie Kim,...more

To Be or Not To Be? Not to Be, if Your Search Contains Noise Words: eDiscovery Best Practices

by CloudNine on

This is an issue that comes up frequently when my clients ask me to review their proposed search terms, or need help in understanding why a particular term doesn’t retrieve the intended result....more

Start-up, Joberate, Assigns Score to Employees to Determine their Job Search History

Most individuals seeking out new job opportunities use their personal e-mail address to correspond with a prospective employer, presumably keeping that job hunt secret from their current employer. However, now, Joberate, a...more

Defendant Not Required to Produce All Documents Responsive to Search Terms: eDiscovery Case Law

by CloudNine on

Remember earlier this week, when we once again discussed the perils of not checking your wildcard terms before agreeing to them? This case law summary is a prime example of that. Perhaps more narrowed search terms would...more

“In-Season Relevancy” Is in Season this September

by Goulston & Storrs PC on

The fashion industry is at a crossroads. Designers must decide whether to continue the age-old tradition of previewing their collections during Fashion Week four to six months before they are available in stores (with fall...more

Stricter PRC online advertising regulation in response to search scandal

by DLA Piper on

The China State Administration of Industry and Commerce recently issued the Online Advertising Regulation (Regulation) which will come into force on September 1, 2016. The Regulation has been widely regarded as the response...more

Know Before You Go. Know Your Data, That Is.

by Conduent on

You’re a seasoned litigator. You’re familiar with your current matter, and you’re prepared for the first meet-and-confer. You have a list of keywords you feel covers all of the important aspects of the case. Your...more

Amazon Wins Ruling on Results for Searches on Brands It Doesn’t Sell

by Foley & Lardner LLP on

On October 21, 2015, the Ninth Circuit ruled that online retailer Amazon does not violate the Lanham Act when, in response to a search for a brand it doesn’t sell, it returns a results page that fails to disclose that fact...more

Second Circuit Holds That the Google Digital Books Project Is Protected Under the Fair Use Doctrine

by Reed Smith on

On October 16, the Second Circuit ruled that Google’s scanning of millions of books without the copyright holders’ permission, for use in its “Google Books” database, is permissible under the fair use doctrine. Google Books...more

Finding the Smoking Gun: 4 Search Tips for Quickly Finding Relevant Documents

by Exterro, Inc. on

In a recent survey conducted by Exterro, 39% (the largest group of respondents) said that searching through large amounts of data was the biggest obstacle they face in locating responsive data. To help legal professionals...more

Can a Google Search Save Your Company $5 Million?

It sounds like a scam, but I swear, there is some truth to this headline. Just ask Hasbro, Inc., the owner of the Littlest Pet Shop line of toy animal figurines. If you have never seen one before, below is an example of two...more

Pushing the Envelope on Initial Interest Confusion Claims — Multi Time Machine, Inc. v. Amazon.com

Consider this: You are shopping online and you type in the name of a brand of wristwatch. Perhaps you wanted to purchase that exact brand of watch, or perhaps you were looking for a selection of watches that included the...more

Getting a Handle on In-House E-Discovery Data Management

by Exterro, Inc. on

Many legal professionals are starting to embrace the notion that e-discovery is a business process, which can be measured, managed and optimized. The greatest progress is being seen with “left-side” e-discovery activities,...more

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