Predictive Coding: For What, Not For Whom

Some say that predictive coding isn’t as useful to plaintiffs as it is to defendants. See, for example, this post on Linkedin. In my view, what really matters is whether the litigant is producing or receiving the documents. Predictive coding is more useful to a...

Deduplication Between Parties

Even before either side does a first-pass review of their collected documents, they can easily identify which potentially-discoverable documents both sides already have in common. This process would be fast, inexpensive, and easy, and would allow new kinds of...
The EDiscovery Privilege Order

The EDiscovery Privilege Order

As shown below, any federal court has the absolute statutory authority, which it should exercise immediately upon the filing of any action, to unilaterally enter an order that provides as follows (an “EDiscovery Privilege Order”): 1) No communications...
The EDiscovery Communication Privilege

The EDiscovery Communication Privilege

The following Order encourages disclosures between the parties about ediscovery by making certain communications non-discoverable and inadmissible, and by ensuring that those communications will not waive any otherwise applicable privilege or protection. It’s...
Cinema: EDiscovery

Cinema: EDiscovery

Joe Looby’s unique historical documentary, The Decade of Discovery (10th Mountain Films), shows how a few lawyers, judges, and scholars recognized the scope of the looming electronic discovery juggernaut and took the first major systematic steps to rein it in....