The rapid pace of technological development, particularly in the area of data storage, has created significant burdens on all businesses, large and small. In litigation, the cost of locating relevant Electronically-Stored...more
In the three years since the watershed decision in Da Silva Moore v. Publicis Groupe, technology-assisted review (TAR) has transformed from being a merely “acceptable way to search for relevant” ESI into “black letter law...more
It has been three years since Magistrate Judge Andrew Peck issued his February 2012 decision in Da Silva Moore v. Publicis Groupe & MSL Group, 287 F.R.D. 182 (S.D.N.Y. 2012), judicially accepting for the first time the use of...more
Gordon v. Kaleida Health, 2013 WL 2250579 (W.D.N.Y. May 21, 2013).
In this action brought under the Fair Labor Standards Act, the plaintiffs motioned for a court order requiring the parties to meet and confer on the...more
Over the past decade, the Supreme Court's increased interest in patent law cases was paralleled by briefs from the Solicitor General advising the Court to grant certiorari. The apparent influence of the government has waned...more
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
Predictive Coding - what it is; when to use or not to use it; four hot cases that you MUST know about; comparing predictive coding workflow protocols; and getting a court to grant your predictive coding motion; are all...more
Bexis attended the annual spring meeting last week. PLAC meetings are almost always good for at least one blog post. This is it.
In the high-tech morass that is ediscovery, parties have tried various ways to do...more
In a recent opinion Da Silva Moore v. Publicis Groupe & MSL Group, 11-CV-1279 (S.D.N.Y. Feb. 25, 2012), Magistrate Judge Peck recognized the use of predictive coding technology, also referred to as computer-assisted review,...more
On February 24, 2012, a New York court issued the first-ever reported decision in the United States on computer-assisted predictive coding, approving it as “an acceptable way to search for relevant ESI [electronically...more
On Friday, February 24, New York Magistrate Judge Andrew Peck issued an opinion and order in Da Silva Moore v. Publicis Groupe & MSL Group, 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Feb. 24, 2012), the first documented case to...more
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