Keyword Search – Page 3 – Electronic Discovery Law

Campbell v. Chadbourne & Parke LLP (Southern District of New York, 2017)

Nov 09 2017

Key Insight: conducting firm business on personal email accounts, employees’ personal email account will be subject to discovery if the employers allow them to mingle their work and personal email accounts.

Nature of Case: workplace discrimination, class action

Electronic Data Involved: personal email accounts, 115,000 documents, 2.5 terabytes of data of 25 custodians

Keywords: interspersing work and personal emails, overlap, spoliation, pay discrimination, wrongful termination

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UnitedHealthcare of Fla., Inc. v. Am. Renal Assoc., Inc. et al., No. 16-cv-81180-Marra/Matthewman (S.D. Fla. Oct. 20, 2017)

Oct 20 2017

Key Insight: Court had permitted Defendants to select an additional 16 custodians and 12 additional search terms. Plaintiff moved for reconsideration being concerned about amount that would be produced. Court denied reconsideration, urged cooperation and clarified that earlier limits on discovery applied to new materials as well.

Nature of Case: Fraud

Electronic Data Involved: E-mails, Documents

Keywords: search terms; cooperation; additional custodians; additional terms

View Case Opinion

Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-00698-CAB-NLS (S.D. Cal. Feb. 21, 2018)

Oct 03 2017

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

View Case Opinion

United States v. New Mexico State University (D. N.M., 2017)

Sep 19 2017

Key Insight: Should deficient search terms be supplemented using court appointed terms? And how closely should counsel work together on electronic searches?

Nature of Case: Workplace discrimination

Electronic Data Involved: e-mails, documents of complaints and communication about complaints

Keywords: Keywords, Cooperation,

View Case Opinion

Oxbow Carbon & Minerals LLC v. Union Pac. R.R., No. 1:11-cv-01049-PLF-GMH (D.D.C. Sept. 11, 2017)

Sep 11 2017

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

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Rabin v. Pricewaterhousecoopers LLP (N.D. Cal., 2017)

Aug 08 2017

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,

View Case Opinion

T.D.P. v. City of Oakland (Northern District California, San Francisco Division, 2017)

Jul 17 2017

Key Insight: Keyword searching alone may not be sufficient and can be aided by strategies like predictive coding

Nature of Case: civil rights, fourth amendment

Electronic Data Involved: text messages, social media posts

Keywords: keyword searching, predictive coding

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Phoenix Light SF Ltd. V. Deutsche Bank National Trust Co., No. 14cv10103 (JGK)(DF) (S.D.N.Y. June 5, 2017)

Jun 05 2017

Key Insight: Search for ESI (specifically emails) using search terms.

Nature of Case: Trusts, Contractual and fiduciary obligations

Electronic Data Involved: Emails and attachments

Keywords: Trusts, Trust name or identifier, electronic search, search terms.

View Case Opinion

Abbott v. Wyoming Cty. Sheriff?s Office, No. 15-CV-531W (W.D.N.Y. May 16, 2017)

May 16 2017

Key Insight: Discovery had been completed in September 2016. In February 2017, at deposition, additional on-going claims were presented. Court specified search terms to use against 3 custodians for the additional time frame.

Nature of Case: American with Disabilities; Employment Discrimination

Electronic Data Involved: E-mail

Keywords: Search Terms, Supplemental Production; Additional Discovery

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Elhannon LLC v. F.A. Bartlett Tree Expert Co., No. 2:14-cv-262 (D. Vt. Apr. 18, 2017)

Apr 18 2017

Key Insight: Defendant has inadequate production even when supplemented. Judge ordered meet-and-confer to work out some of the disagreements. Judge did not give either side sanctions.

Nature of Case: Breach of Contract; Consumer Fraud

Electronic Data Involved: E-mail; Electronic Database

Keywords: Meet-and-confer; Inadequate Production; Supplemental Production

View Case Opinion

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