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 MoreKey Insight: Defendants violated the Court ordered ESI protocol when it unilaterally adopted a CAL platform without input from Plaintiffs. Defendants failed to timely disclose their intentions to use TAR and collaborate in good faith with Plaintiffs on the TAR platform to be used prior to implementation. Due to the cost and time required for a manual review, the Court permitted Defendants to do a TAR review of its non-responsive documents using the protocol previously negotiated but not finalized by the parties.
Nature of Case: Products Liability
Electronic Data Involved: Electronic Documents Generally
Key Insight: when work product doctrine comes into play
Nature of Case: theft of business property insurance claim
Electronic Data Involved: insurance file claim work product claim
Keywords: work product doctrine, anticipation of litigation
Key Insight: “No-eyes-on” document production;
Nature of Case: Products Liability MDL
Electronic Data Involved: Hard copy and ESI productions;
Keywords: MDL; Discovery orders; Production
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: Although TAR is widely recognized as “cheaper, more efficient, and superior to keyword searching,” the responding party may decide for themselves the best method for producing their ESI. The court will not compel the utilization of TAR but may revisit the issue if Plaintiff contends the actual production is deficient.
Nature of Case: Environmental, Class Action
Electronic Data Involved: Electronic Documents Generally
Key Insight: who bears the burden of paying for translation of foreign language documents
Nature of Case: unfair competition, false advertising, defamation, false light, trade libel, and tortious interference
Electronic Data Involved: foreign language documents
Keywords: foreign language, translation, machine translation, burden to pay
Key Insight: detailed stipulation of the discovery plan
Nature of Case: violation of the securities exchange act
Electronic Data Involved: all relevant discovery
Keywords: stipulation, discovery plan
Key Insight: Whether the private arbitration panel in this case is considered a “foreign or international tribunal” and therefore whether discovery may be ordered under section 1782(a)
Nature of Case: contract dispute, application for arbitration discovery
Electronic Data Involved: arbitration discovery and “foreign or international tribunal”
Keywords: arbitration, ordered discovery, “foreign or international tribunal”
Key Insight: Whether the stay of discovery provision can be applied to state court cases.
Nature of Case: Violations of the Securities Act of 1933
Electronic Data Involved: Stay of discovery pending a motion to dismiss
Keywords: stay of discovery, PSLRA, state v. federal court
Identified State Rule(s): PSLRA
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