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by Maureen O'NeillSeptember 26, 2014
Last week in Dynamo Holdings et al. v. Comm’r of Internal Revenue, 143 T.C. No. 9, the U.S. Tax Court became the latest court to approve the use of predictive coding in litigation. The scenario addressed by Judge Buch has become familiar: Faced with the review of a large volume of documents for potential production, the producing party (Dynamo) sought to use predictive coding to identify responsive documents; the requesting party (the IRS) opposed the approach.
by Maureen O'NeillSeptember 13, 2014
In a previous post here on the DiscoverReady blog, I began to explore information governance, or “IG.” I offered up a definition of information governance, explained why it’s a hot topic right now, and addressed the interplay between IG and other related topics such as big data and data privacy. I also promised an ongoing discussion of how a good information governance program can improve e-discovery efforts – and how a strategic e-discovery program can add value to information governance.
by Maureen O'NeillAugust 25, 2014
In the last few months, two different federal courts considered similar discovery scenarios, but reached opposite conclusions about how discovery should proceed. The parties agreed to a discovery plan that did not include the use of predictive coding. But after wading into discovery, the producing party realized that, in light of the volume of documents to be reviewed and the burden of conducting review with traditional methods, predicting coding could be worthwhile.
by Maureen O'NeillJuly 26, 2014
As most litigants are painfully aware, document review – even when managed efficiently and cost-effectively – often is the most expensive component of discovery. And in many cases the “second-pass” review of relevant documents for privilege, and the capture of information about privileged documents for the privilege log, becomes the most costly aspect of document review.
by Maureen O'NeillJuly 10, 2014
As covered here in the DiscoverReady blog, a number of proposed amendments to the Federal Rules of Civil Procedure are in the works. As I mentioned in my last post on the amendments, the Civil Rules Advisory Committee unanimously approved the latest round of revisions and passed them on for consideration to the Judicial Conference’s Committee on Rules of Practice and Procedure (the “Standing Committee”).