DiscoverReady’s New Year’s Resolutions

Happy New Year! As we turn the calendar to 2016 and reflect on what the year ahead might bring, I asked some of my DiscoverReady colleagues to share some of their resolutions for the new year. Here’s what they resolve to accomplish in 2016. . .

Coming in 2016: Tougher New Data Privacy Rules in the European Union

European Commission and European Parliament officials last week agreed on a new set of data protection laws, intended to strengthen individuals’ privacy rights and create a more consistent set of regulations across the twenty-eight European Union member countries. Learn highlights of the new rules including provisions addressing many main points aspects of the European Union privacy rules.

Magistrate Judge Peck’s Order in Rio Tinto: A Fresh Look at Predictive Coding

Last month in Rio Tinto PLC v. Vale S.A., Magistrate Judge Peck issued another order regarding the use of predictive coding (a.k.a technology assisted review, or TAR). Judge Peck’s titling of the order was “Da Silva Moore Revisited”, to signal the importance of the Rio Tinto case in eDiscovery practice.

How to Go Where Angels Fear to Tread: Best Practices for Developing and Negotiating Keyword Search Terms

In United States v. O’Keefe, former U.S. Magistrate Judge John Facciola tackled the subject of using keyword search terms to help identify relevant documents for production in discovery. Observing that the proper use of search terms in ediscovery involves “the sciences of computer technology, statistics and linguistics,” the Judge offered the now famous quip that, for lawyers and judges to opine on the effectiveness of a given set of search terms “is truly to go where angels fear to tread.”

In Pursuit of Better Privilege Logs – In the Empire State and Beyond

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.