Key Insight: Court granted parties’ Joint Motion for Entry of Agreed Order Establishing Protocol for Production of Electronically Stored Information, which addressed search terms, production format, and various other e-discovery matters
Nature of Case: Insurance coverage
Electronic Data Involved: ESI
Key Insight: Where review of sample of unproduced documents revealed possibility that more responsive documents had been missed than had been produced, court ordered producing party to re-review at-issue custodians? files and to confer with requesting party regarding expansion of search terms; court rejected producing party?s arguments that its initial review was ??on par with and likely more accurate than typical document reviews,? citing cases and studies finding that human reviewers are disconcertingly error-prone? reasoning in part that producing party ?can, and has, utilized review technologies that can, if used properly, be expected to identify more than a mere half of the potentially responsive documents.?
Nature of Case: Breach of contract, declaratory judgment
Electronic Data Involved: ESI
Key Insight: Where defendants propounded 242 requests for documents, trial court declined to require FDIC to review thousands of documents ?to weed out a presumably small subset of irrelevant materials,? or to organize its Phase II production according to defendants? numerous discovery requests; court granted in part and denied in part the parties? respective motions concerning search terms to be used to identify responsive material, and ruled that FDIC would bear the costs of production as they arose subject to the possibility that the court may later require contribution from the defendants; court further directed FDIC to submit to the court a revised proposed ESI protocol
Nature of Case: Receiver sued former directors and officers of bank to recover approximately $114 million in losses bank suffered on 20 commercial real estate loans
Electronic Data Involved: ESI, including email
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