Showing 2 posts from April 2015.

LegalTech New York 2015 Impressions

Legal Tech New York 2015 took place in early February and the Morris James eDiscovery team was lucky enough to attend for the third straight year. The general impression is that the eDiscovery focus has continued to shift away from the view that predictive coding/TAR is a panacea that will greatly reduce the costs of eDiscovery. It appears that the conversation has moved towards a variety of other methods to improve efficiency and reduce client costs. More ›

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware – Part 2

This is the second in a series of posts summarizing the 7 most important eDiscovery cases in Delaware in 2014.

The second case is 112359 Factor Fund, LLC and Five Nine Group, LLC v. Flux Carbon Starter Fund, LLC, Mary Carroll, Kevin Kreisler, and James L. Sonageri, C.A. No. 9568–VCL, Telephonic Oral Argument on Plaintiffs' Motion to Compel and Rulings of the Court, 06/20/2014.

In response to Plaintiffs' Motion to Compel, the Defendants claimed they did not have sufficient time or resources to review all 73,000 documents yielded by the search terms used.  Vice Chancellor Laster was not swayed by these arguments.  An Order had been entered earlier in the case requiring the parties to not only meet and confer regarding search terms, but to also "do more than the standard" and "confer regarding the use of an early data assessment tool…to focus on the custodians and time periods most likely to have responsive electronic documents”.  Defendants’ reasons for missing the production deadline included delays in collecting the documents from their clients and insufficient manpower to properly review them.  The Vice Chancellor found these explanations to be insufficient.  The Court explained that in an expedited case, the parties need to think about approaches other than the “old school attorney-by-attorney review”.  Had an early data assessment tool been appropriately used, as instructed, the number of search hits would not have come as a surprise and counsel could have thought ahead and planned appropriately to meet the discovery deadlines.  The Court ordered that a copy of the transcript be given to Defendants clients, to help them understand that not complying with a discovery order will have serious consequences. More ›