Rachel Tausend, a partner of the K&L Gates e-Discovery Analysis & Technology (“e-DAT”) Group and the firm’s Seattle office, and Krysta Slavik, an e-DAT Group Solutions Analyst based in Pittsburgh, will attend the ILTACON Annual Conference 2023, which begins this Sunday.. Both Rachel and Krysta will participate in panel discussions at the conference, which features a wealth of programs, educational content, and networking opportunities for the legal leaders, managers, professionals, and technologists in attendance.Read More
Daniel Miller, a partner of the K&L Gates e-Discovery Analysis & Technology (“e-DAT”) Group and the firm’s Pittsburgh office, will attend this week’s EDRM Detroit Symposium 2023. Both Daniel and Krysta Slavik, an e-DAT Group Solutions Analyst based in Pittsburgh, are participating in committees for the “EDRM 2.0” initiative, which focuses on how e-discovery will evolve and adapt in light of advancements in artificial intelligence. The EDRM Detroit Symposium 2023 will feature meetings related to this new initiative, presentations about trends in electronic discovery, and a panel discussion on e-discovery missteps.Read More
Focusing on procedural rules and case law particular to Washington, Julie Anne Halter (Partner and e-DAT Practice Group Co-Chair) and Bree Kelly (e-DAT Senior Staff Lawyer) provide practical guidance for the state’s legal practitioners on each step of the e-discovery process in their recent LexisNexis Practice Note.Read More
Key Insight: A responding party is best suited to determine the method of review and using TAR to pre-cull documents from review is an acceptable methodology
Nature of Case: Hiring discrimination
Electronic Data Involved: Emails
Keywords: Chicago, fire department, technology assisted review, TAR
Key Insight: When plaintiff was allowed to dictate defendant’s electronic discovery process, cost shifting to plaintiff is appropriate when electronic discovery performed was not proportionate to the case
Nature of Case: Employment non-compete agreement
Electronic Data Involved: Electronic records
Keywords: Cost shifting, technology assisted review, TAR, aerospace
Key Insight: dispute over search terms meant to identify documents
Nature of Case: environmental litigation
Electronic Data Involved: all discovery, search term protocol
Keywords: search term protocol, predictive coding, technology assisted review,
Key Insight: Absolute perfection is not a goal of the discovery process. The county’s claim of burden is unsubstantiated, there is no burden claimed but for ESI privilege review. The burden does not outweigh the proportionality here.
Nature of Case: Fair Housing Act violations
Electronic Data Involved: ESI information concerning mortgage, marketing, etc
Keywords: Proportionality, TAR, burden
Key Insight: Court approved TAR protocol detailing disclosure of samples, null set, and blind review
Nature of Case: Product liability
Electronic Data Involved: electronic data
Keywords: TAR protocol
Key Insight: Court did not grant motion to allow only TAR review but ordered cost estimate for cost shifting if requesting party proceeds with insisting review of 100k documents with 1-2% relevance rate
Keywords: low responsive rate and TAR
Key Insight: Motion for Extension of Time to Complete Discovery, unforeseen or unanticipated matters.
Nature of Case: unlawful restraint of trade class action
Electronic Data Involved: 3.5 million predominantly non-responsive documents produced by defendant, predictive coding.
Keywords: deficient TAR process, 3.5 million documents, predictive coding, preposterous, glitch.