Tag: Keyword Search

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

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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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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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

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UMG Recordings, Inc. v. Grande Comuns. Networks, LLC (W.D. Tex., 2018)

Key Insight: Should a party conduct a relevance review before returning requested discovery to the opposing side?

Nature of Case: Copyright

Electronic Data Involved: e-mails

Keywords: relevancy review, ESI, search terms

View Case Opinion

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