Special Master Analyzes Privilege Search Terms, Addresses Objection that they were Overbroad
Dornoch Holdings Int’l, LLC v. Conagra Foods Lamb Weston, Inc., No. 1:10-cv-00135 TJH, 2013 WL 2384235 (D. Idaho May 1, 2013)
In this case, a Special Master was directed to obtain ESI (more than one million documents) from a bankruptcy trustee, to review it for privilege, and to prepare a privilege log. The documents were screened utilizing keyword search terms. Upon production of the resulting privilege log, Defendants objected that the terms used were overly broad and that the log contained non-privileged documents. The Special Master therefore conducted an analysis of the terms used and made recommendations to address the objection.