Some parties are producing thousands of e-discovery documents and emails all bundled in a single PDF. That is clearly not how those items were ordinarily maintained and it’s certainly not reasonably useful (F.R.Civ.P 34(b)(2)(E)(ii)). Here are reasons why all-in-one PDF productions are unreasonably burdensome on the receiving party: Pages with No Text Are Invisible for […]

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Technology-Assisted Review (TAR) or Predictive Coding (PC) is an attempt to minimize discovery review costs by minimizing the number of review decisions that have to be made by the attorneys. TAR/PC proponents point out that TAR is generally as effective as the “gold standard” of human review in identifying relevant records. However it has at […]

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Sometimes profound implications become apparent from thinking through the implications of direct observations and sampling to determine the extent of the observed conditions. This is a story about the consequences of observing four Authorizations for Expenditures (“AFEs”) and a Daily Drilling Report (“DDR”) while in a meeting with an energy client talking about file share […]

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