Bow Tie Law

A Failure to Produce ESI Can’t Easily Be Blamed on the Requesting Party

In any case, responding to discovery requests can be highly time-consuming. And simply searching for specific keywords as a way of response can be the least efficient way of going about it. Responding to discovery requests requires not only an understanding of the request for production, but also a familiarity with the terms of art

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Predictive Coding Strategies to Identify Patterns of Discrimination

If lawsuits are about people who have experienced a wrong, requests for production are one of the most important tools in Civil Procedure to get at the “truth” of what happened in a case. In Jones v. Standard Consulting & Standard Testing & Eng’g Co., a gender and age discrimination case, the Plaintiff was terminated

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Translating German Search Terms and Determining Proportionality in Volkswagen Clean Diesel

In 2017, Volkswagen pled guilty to criminal charges for misleading authorities on the emissions produced by its diesel cars. As a result of this case, the Volkswagen “Clean Diesel” Marketing, Sales Practice, and Products Liability Litigation case was a shareholder class action in which the plaintiffs sought the production of email messages dating back to

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Where’s the Fire? Attorneys Consider Issues of Relevance, Scope, and Privilege in Discovery

What makes discovery relevant to a case? How can a court determine a time period that is both relevant and proportional to the needs of a case? A lawsuit involving a fire at a manufacturing plant turned the heat up on these issues. In Ball Corp. v. Air Tech of Michigan, the Defendant was hired

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Who’s a Custodian, What’s Protected, and What Counts as Reasonable? Judge Sallie Kim’s Opinion on Shenwick v. Twitter

Magistrate Judge Sallie Kim issued a discovery opinion that should be included in ediscovery chapters of Civil Procedure textbooks. In a security class action against Twitter, Judge Kim methodically issued orders covering whether to include custodians in the scope of discovery, application of the Stored Communications Act, and proximity search terms.1 Should the Co-Founder and

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How to Make Use of Predictive Coding and Search Terms When Producing Discovery

There are many ways to achieve a focused dataset for review using both search terms and predictive coding. Magistrate Judge Katherine Parker issued a detailed opinion on the use of predictive coding in a recent discrimination case . In Winfield v. City of N.Y., the Plaintiffs provided 665 additional search terms to be applied to the

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Strategies for Audio Files in Electronic Discovery

Audio and video files can provide challenges for attorney review. My first case with audio files was representing a defendant in a criminal matter. The evidence included hundreds of wiretap recordings of audio files. Our review strategy was to provide an MP3 player to the defendant in custody, so that he could listen to the

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Looking Forward from 2017 on Ediscovery

At 10:00am PST today Everlaw will host a webinar with Judges Sallie Kim and Xavier Rodriguez on the top ediscovery court opinions from the past year. Register now to attend the session live or to access the post-webinar recording. Looking Forward from 2017 on Ediscovery There have been hundreds of cases with ediscovery issues in the

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Instant Messages in Litigation

Communications are one of the greatest unifying forces for civilization. The telegraph revolutionized the ability to share news and conduct business in 19th century; the telephone empowered people to speak across continents in the 20th century. In the 21st century, people can send personal and business communications from handheld devices wherever they have cell phone

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Building a Motion with StoryBuilder

Motion practice is true courtroom drama where a party seeks relief from the Court. This can be anything from a motion to dismiss a case for failure to state a claim, to a motion to compel discovery. Seasoned litigators know motion practice is the art of connecting discovery to the law in order for a

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