Perfection Not Required in Technology Assisted Review, but Transparency Might Be

A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into how judges will consider the use of advanced analytics in litigation. In Winfield v. City of New York, Magistrate Judge Katharine H. Parker … Continue Reading

Judicial Conference Proposes Proportional Discovery Through Amendments to the FRCP

By Carey Busen on June 11, 2013 Posted in E-Discovery Rules

The Judicial Conference’s Committee on Rules of Practice and Procedure recently approved for publication proposals to amend the Federal Rules of Civil Procedure. If enacted, these proposals would significantly limit the scope of discovery – including ediscovery. The proposals include imposing or reducing the number of depositions, interrogatories, and requests for admission under Rules 30, … Continue Reading

Advocating Proportionality? Start with the Rules!

By Gilbert S. Keteltas on October 18, 2012 Posted in Proportionality

You are preparing to advocate a proportional approach to discovery in your case, including informed limits on the information that will be preserved, collected, reviewed and produced. But your opponent and the court are new to e-discovery in major litigation, and your opponent has resisted a meaningful early discussion of the myriad issues that deserve … Continue Reading