Key Insight: Sampling the null set is appropriate and proportional
Nature of Case: Antitrust
Electronic Data Involved: Electronically stored documents generally
Keywords: prescription medication, Acthar, clowns, TAR,
Key Insight: reproduction of files in TIFF format, review production for responsiveness
Nature of Case: False Claims Act
Electronic Data Involved: emails, electronically stored documents, transaction data
Keywords: TIFF, native format, overly burdensome, technology assisted review, TAR, Image Files, Bates number
Key Insight: Methodologies behind TAR are privileged (especially the seed set), the court may also perform in camera review to determine the competency of TAR if necessary, poor TAR practices may allow opposing counsel to set parameters
Nature of Case: Fair Housing Act
Electronic Data Involved: Electronic documents
Keywords: TAR, FHA, discrimination, predictive coding, in camera review
Key Insight: 1500 documents withheld as privileged under procedures in FRE 502 (d);
Nature of Case: Fifth Amendment, taking private property without just compensation
Electronic Data Involved: 1500 documents
Keywords: quick peek, privileged, taking, unjust compensation
Key Insight: demand for irrelevant and disproportionate evidence
Nature of Case: breach of patent agreement
Electronic Data Involved: 300 GB emails
Keywords: irrelevant, patent infringement, reasonable limits on discovery
Key Insight: ability to afford production, parties access to the relevant documents, impact on third parties
Nature of Case: Antitrust
Electronic Data Involved: 467,614 documents from electronic and physical files, 130 GB additional documents
Keywords: scope of discovery, antitrust, Sherman, cost/benefit
Key Insight: The court allowed a party to use a rolling basis ESI, and ruled that with the assistance of TAR, a few thousand documents could be reviewed in the next few weeks.
Nature of Case: Workplace discrimination (age)
Electronic Data Involved: Business documents/files
Keywords: Predictive coding, TAR, Technology assisted review,
Key Insight: whether production of a random sample is appropriate when full review unduly burdensome
Nature of Case: False Claims Act
Electronic Data Involved: patient records
Keywords: random sample, undue burden, statistical sample, prejudice, TAR
Key Insight: Judge reluctantly agreed with plaintiff that TAR should be applied before keyword searches used to cull data set.
Nature of Case: Products Liability
Electronic Data Involved: ESI
Keywords: TAR; keyword; data cull
Key Insight: Predictive coding models are legitimate, and document review can stop when the burden outweighs the benefits.
Nature of Case: wage and hour class action
Electronic Data Involved: archived email
Keywords: privilege log, predictive coding,
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