Tag: Computer Assisted Review

1
Livingston v. City of Chicago (Northern District of Illinois, 2020)
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Lawson v. Spirit Aerosystems (Kansas, 2020)
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In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)
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County of Cook v. Bank of America Corp. (N.D. Ill., 2019)
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IN RE: 3M COMBAT ARMS EARPLUG PRODUCTS LIABILITY LITIGATION (N.D. Fla., 2019)
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In Re: MacBook Keyboard Litigation (N.D. Cal. , 2019)
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In Re Domestic Airline Travel Antitrust Litigation, MDL Docket No. 2656, Misc. No. 15-1404 (D.D.C., 2018)
8
City of Rockford, et al. v. Mallinckrodt ARD Inc., et al. (Northern District of Illinois, 2018)
9
U.S. ex rel. Proctor v. Safeway, Inc., No. 11-CV-3406 (C.D. Ill. Mar. 8, 2018)
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Winfield v. City of New York, No. 1:15-cv-05236-LTS-KHP (S.D.N.Y. Nov. 27, 2017)

Livingston v. City of Chicago (Northern District of Illinois, 2020)

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

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Lawson v. Spirit Aerosystems (Kansas, 2020)

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

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In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)

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,

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County of Cook v. Bank of America Corp. (N.D. Ill., 2019)

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

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In Re: MacBook Keyboard Litigation (N.D. Cal. , 2019)

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

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In Re Domestic Airline Travel Antitrust Litigation, MDL Docket No. 2656, Misc. No. 15-1404 (D.D.C., 2018)

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.

City of Rockford, et al. v. Mallinckrodt ARD Inc., et al. (Northern District of Illinois, 2018)

Key Insight: Sampling the null set is appropriate and proportional

Nature of Case: Antitrust

Electronic Data Involved: Electronically stored documents generally

Keywords: prescription medication, Acthar, clowns, TAR,

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U.S. ex rel. Proctor v. Safeway, Inc., No. 11-CV-3406 (C.D. Ill. Mar. 8, 2018)

Key Insight: reproduction of files in TIFF format, review production for responsiveness

Nature of Case: False Claims Act

Electronic Data Involved: emails, electronically stored documents, transaction data

Keywords: TIFF, native format, overly burdensome, technology assisted review, TAR, Image Files, Bates number

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Winfield v. City of New York, No. 1:15-cv-05236-LTS-KHP (S.D.N.Y. Nov. 27, 2017)

Key Insight: Methodologies behind TAR are privileged (especially the seed set), the court may also perform in camera review to determine the competency of TAR if necessary, poor TAR practices may allow opposing counsel to set parameters

Nature of Case: Fair Housing Act

Electronic Data Involved: Electronic documents

Keywords: TAR, FHA, discrimination, predictive coding, in camera review

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