Archive for June 2013

eDiscovery Case of the Week: EEOC, et al. v. Spitzer Management, et al., Northern District of Ohio Case No. 1:06-cv-02337

by Julia Romero Peter, Esq. In EEOC v. Spitzer Management, Inc., et al., Northern District of Ohio Case No. 1:06-cv-02337, the court declared a mistrial and levied sanctions against Defendants when at trial it became known that Defendants failed to produce a large amount of responsive material during the six years prior to trial commencement…

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DOJ Approves Use of Predictive Coding in a Proposed Merger Document Review

By Julia Romero Peter, Esq. The Department of Justice approved the use of predictive coding for a review involving over one million documents in the recent proposed merger between Anheuser-Busch InBev and Grupo Modelo.  The DOJ arrived at a settlement with Anheuser-Busch InBev and Grupo Modelo in April 2013. The DOJ requested documents from Constellation…

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My Experience Addressing the CA Supreme Court on eDiscovery

by Alexander Lubarsky, Esq. I thought I must have been hearing things. “Who is this… did you say Supreme Court? As in ‘The’ Supreme Court, sir?” “Nah,” said the stranger on the other line, “just the California Supreme Court – and all of their research attorneys as well as the District Court judges and their research…

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Predictive Coding Case Summary: Gordon v. Kaleida Health

by Julia Romero Peter, Esq. In Gordon v. Kaleida Health, No. 08-CV-378S(F), 2013 WL 2250579 (W.D.N.Y. May 21, 2013), the court dismissed without prejudice Plaintiffs’ motion to compel Defendants to meet and confer to set up a protocol for using predictive coding (also known as technology assisted review or TAR); or in the alternative, have…

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Technology Assisted Review Case Summary: In re Biomet

by Julia Romero Peter, Esq. In re Biomet M2a Magnum Hip Implant Prods. Liab. Litig., No. 3:12-MD-2391 (N.D. Ind. Apr. 18, 2013), the court held that defendant Biomet’s use of keyword culling and de-duplication in conjunction with predictive coding (technology assisted review) satisfied its discovery obligations.   In 2012, defendant Biomet began producing documents in…

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From Legal Copy Services to eDiscovery Leadership: TERIS turns 17!

This month marks the 17th anniversary since the founding of what is now TERIS. On June 5, 1996 company founder and CEO Stefan Wikstrom took the plunge into entrepreneurship with the founding of what was then “American Legal Corporation” (or ALC). The company later morphed into ALC Legal Technology before successfully rebranding itself as TERIS…

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Recent Revisions to the FTC and ITC e-Discovery Rules

By Julia Romero Peter, Esq. The Federal Trade Commission and International Trade Commission recently have revised its ediscovery rules.  Both sets of rules aim to expedite the ediscovery process, ease discovery burdens and clarify privilege procedures.  FTC’s Revised Rules  On November 9, 2012, the FTC’s revised rules on ediscovery went into effect. These rules cover…

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More Than Just a Fad: kCura's Relativity eDiscovery Software

The knowledge and content management magazine KMWorld listed Relativity, an eDiscovery platform developed by kCura, as a trend-setting product of 2012.  But Relativity is more than a trend.  This software has become a game-changer and labeling it as a trend elicits an impermanence that undermines the credit this product deserves.  Like the Ford Model T…

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