H5 Recorded Webinar

Toward Defensible Document Review: Guidance from Recent Court Opinions 

Wednesday, June 18, 2008
2:30-4:00 p.m. EDT / 11:30-1:00 p.m. PDT

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This moderated discussion focused on the May 29, 2008, opinion issued by U.S. Magistrate Judge Paul Grimm in Victor Stanley, Inc., v. Creative Pipe, Inc., which builds on the opinions issued by U.S. Magistrate Judge John Facciola in United States v. O'Keefe and Equity Analytics, LLC, v. Lundin. These opinions provide useful guidance to litigants as to how discovery of electronically stored information (ESI) should be conducted to successfully withstand challenge.

Moderator:

  • Craig Ball, Board Certified Trial Attorney and EDD Special Master

Panelists:

  • Jason Baron, Director of Litigation, National Archives and Records Administration; Editor-in-Chief of The Sedona Conference Best Practices Commentary on the Use of Search and Information Retrieval Methods in E-Discovery; and Founding Coordinator of TREC Legal Track
  • Julia Brickell, Associate General Counsel, Altria Client Services
  • Nicolas Economou, Chairman and Chief Executive Officer, H5
  • Ronald Hedges, Counsel, Nixon Peabody LLP, and former Magistrate Judge for the U.S. District Court of New Jersey

Questions explored included:

  • What criteria should practitioners use in the selection, implementation, and defense of a reasonable and reliable search and retrieval methodology?
  • Does this developing direction in case law inevitably lead to higher e-discovery costs, or can the more efficient use of technology and process lead to lower overall review costs and increased accuracy?
  • What specific guidance do The Sedona Conference and TREC Legal Track provide to litigants for making reasonableness and defensibility determinations with respect to ESI search methodologies?
  • What role should experts play in the e-discovery process?

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