Archive: February 8, 2017

1
Davine v. Golub Corp. (Massachusetts District, 2017)
2
Charles v. City of New York (E.D. N.Y., 2017)

Davine v. Golub Corp. (Massachusetts District, 2017)

Key Insight: Predictive coding models are legitimate, and document review can stop when the burden outweighs the benefits.

Nature of Case: wage and hour class action

Electronic Data Involved: archived email

Keywords: privilege log, predictive coding,

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Charles v. City of New York (E.D. N.Y., 2017)

Key Insight: Court ruled that it could not be inferred from mere negligence that the recording would be favorable to defendants. Other sources of information/discovery were available as well. An application of Rule 37(e) would make no difference (the rule was not cited).

Nature of Case: Civil rights

Electronic Data Involved: Deleted cell phone video

Keywords: spoliation, sanctions, adverse inference

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