Tag: defense production

  • Go Fish! The Inadequacy of Mere Keyword Searches in Electronic Discovery

    30 Jul 2012

    The plaintiffs in National Day Laborer Organizing Network, et al. v. U.S. Immigration and Customs Enforcement Agency, et al., 2012 U.S. Dist. Lexis 97863 (SDNY, July 13, 2012) were legal advocacy groups who sought documents pursuant to the Freedom of Information Act (FOIA) from multiple government agencies regarding an immigration

  • Does the Future of Plaintiff ESI Production Include Facebook?

    27 Jul 2012

    A Pennsylvania judge recently issued an expansive ruling about electronically stored information (ESI) and the growing trend for defendants to request plaintiffs’ Facebook passwords in the case of Trail v. Lesko, No. GD-10-017249 (C.P. Alleg. Co. July 3, 2012 Wettick, J). The court looked at numerous Pennsylvania cases with eDiscovery

  • Plaintiff Programmatic Issue Coding: The Scalpel of Document Review Tools

    23 Jul 2012

    Anyone who keeps up with eDiscovery rules and law knows that a district court has affirmed U.S. Magistrate Judge Andrew J. Peck’s judicial order in Monique Da Silva Moore v. MSL Group, No. 11 Civ. 1279 (ALC)(AJP) (S.D.N.Y. 2012). In the case, Magistrate Judge Peck pronounced, “Computer assisted review is

  • Does the Duty to Preserve Electronic Documents Arise Earlier for Plaintiffs?

    20 Jul 2012

    Every plaintiff and defendant has a duty to preserve evidence, and this duty arises even before litigation commences. The flexible legal standard for when this duty begins is when the litigation is “reasonably foreseeable.” Although plaintiffs in a lawsuit are reacting to a harm or injury inflicted upon them, they