Tag:Keyword Search

1
Berg v. M & F Western Products, Inc. (E.D. Tex. 2020)
2
In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)
3
Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)
4
County of Cook v. Bank of America Corp. (N.D. Ill., 2019)
5
Abbott Laboratories, et al. v. Adelphia Supply USA, et al. (E.D.N.Y., 2019)
6
In Shir Law Group, P.A. v. Carnevale (Florida, 2019)
7
Lareau v. Nw. Med. Ctr., No. 2:17-cv-81 (D. Vt. Mar. 27, 2019)
8
Arconic Inc. v. Novelis Inc. (Western District of PA , 2019)
9
Am. Mun. Power, Inc. v. Voith Hydro, Inc., No. 2:17-cv-00708 -ALM-EPD (S.D. Ohio June 4, 2018)
10
Updateme Inc. v. Axel Springer SE, No. 17-cv-05054-SI (LB) (N.D. Cal. Oct. 11, 2018)

Berg v. M & F Western Products, Inc. (E.D. Tex. 2020)

Key Insight: Defendant filed a Motion to Compel Plaintiff that was granted by the Court. The Court ordered Plaintiff to conduct a full search of all documents in hard and electronic formats conduct, including but not limited to all data on social media platforms, demand letters issued by Plaintiff or his counsel to third parties referencing this case, documents and materials of Plaintiff’s company, and documents and materials related to the litigation that are in the custody and control of Plaintiff’s current or prior lawyers. The Motion’s request(s) that Plaintiff be compelled to attend his deposition and testify at trial in-person were denied.

Nature of Case: Copyright Infringement

Electronic Data Involved: Social Media, Electronic Documents

Case Summary

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,

View Case Opinion

Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)

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

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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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Abbott Laboratories, et al. v. Adelphia Supply USA, et al. (E.D.N.Y., 2019)

Key Insight: whether terminating sanctions are appropriate where party engaged in discovery misconduct, including intentionally limiting search terms to exclude documents

Nature of Case: Trademark, Unfair Competition

Electronic Data Involved: documents

Keywords: sanctions, terminate, discovery misconduct, removed document, fraud on the court

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In Shir Law Group, P.A. v. Carnevale (Florida, 2019)

Key Insight: Search terms must be narrow, “condo” is too broad a term when seeking discovery from a law firm specializing in condominium law

Nature of Case: Attorney malpractice

Electronic Data Involved: Electronic data

Keywords: Malpractice, condominium, dissolution, condo

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Lareau v. Nw. Med. Ctr., No. 2:17-cv-81 (D. Vt. Mar. 27, 2019)

Key Insight: parties unable to identify search terms that satisfy court direction for “appropriate search terms.” Attorney is not required to offer opposing counsel his or her own ideas about how to narrow a particular search.

Nature of Case: wrongful termination

Electronic Data Involved: approximately 24,000 emails

Keywords: reasonable scope, search terms, format, sampling

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Arconic Inc. v. Novelis Inc. (Western District of PA , 2019)

Key Insight: whether documents lose their privilege when there was limited effort to prevent their disclosure

Nature of Case: patent infridgement and violation of trade secrets

Electronic Data Involved: privileged documents requested back via a clawback agreement

Keywords: clawback, privilege, privilege review, search terms

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Am. Mun. Power, Inc. v. Voith Hydro, Inc., No. 2:17-cv-00708 -ALM-EPD (S.D. Ohio June 4, 2018)

Key Insight: Which search terms are to be used to identify responsive ESI

Nature of Case: Construction litigation

Electronic Data Involved: Email and other ESI

View Case Opinion

Updateme Inc. v. Axel Springer SE, No. 17-cv-05054-SI (LB) (N.D. Cal. Oct. 11, 2018)

Key Insight: proportionality, undue burden, ESI protocol terms, privilege

Nature of Case: trademark infringement

Electronic Data Involved: electronic records

Keywords: random sample, random sampling, responsiveness, responsive documents

View Case Opinion

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