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
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
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
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