Tag: electronic data discovery

  • Avoiding the Crossfire: The Lessons of Zubulake V

    20 Aug 2012

    “When communication between counsel and client breaks down, conversation becomes “just crossfire,” and there are usually casualties.” Zubulake V, 2004 U.S. Dist. LEXIS 13574 (S.D.N.Y. July 20, 2004). Zubulake V picks up where the last order left off, being that the Court found the defendants had breached their duty to

  • Did the Zubulake III Back Up Email Tapes Contain Relevant Data? You Bet They Did!

    15 Aug 2012

    Monday’s blog discussed the Zubulake I case, where Judge Shira Scheindlin looked at eDiscovery accessibility to categorize different types of electronic data before a cost shifting analysis. The more inaccessible the data is, the more likely that cost shifting is appropriate. She ordered the defendants to produce a small set

  • Do Plaintiffs Have the Right to Choose eDiscovery Production Methods?

    6 Aug 2012

    More cases are coming down across the nation dealing with eDiscovery review methods, and a common theme has been to order computer-assisted document review (aka “predictive coding”) to make document review more efficient. Sometimes, this is beneficial for plaintiffs, such as our discussion of the National Day Laborer Organization, where