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.”

The SEC Announces Record-Setting Enforcement Actions in 2014

Earlier this week the Securities and Exchange Commission announced that, for the fiscal year ending in September 2014, the agency filed a record-setting 755 enforcement actions. In this regulatory environment, virtually every corporation faces the risk of an enforcement action by the SEC, and the onerous e-discovery burdens often imposed by those actions.

They Heard You Loud and Clear: Public Comment Drives Revisions to Federal Rules Amendments

In two prior blog posts, Maureen examined a number of proposed amendments to the Federal Rules of Civil Procedure developed by the Duke Conference Subcommittee and the Discovery Subcommittee of the Advisory Committee on Civil Rules. Now, those amendments appear to be changing — thanks to more than 2,000 written comments submitted. In response to this substantial input, both subcommittees have recommended major changes to the proposed amendments of the Federal Rules of Civil Procedure.


Putting Statistics to Work in eDiscovery: Use Cases for Incorporating Statistical Sampling and Analysis

In two prior posts, I first made the case that all litigators need to understand some basic statistics, and then provided a primer on the key statistical concepts in ediscovery they should know. In this final post in the statistical sampling series, I suggest some of the best opportunities for incorporating statistical sampling and statistical analysis into discovery efforts.


It’s the Most Wonderful Time of the Year – For Doing Document Review Better

It’s December 23, and you haven’t finished your Christmas shopping. You know what that means. Your stress level is about to go way up, as you fight the crowds in the stores and on the streets. Don’t worry, I’m not judging you for your holiday shopping habits. . . But please, litigants, don’t treat document review you like you do your Christmas shopping.