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KMK’s April 2015 E-Discovery Round-up

Hi E-Discovery enthusiasts! Welcome to KMK’s April 2015 E-Discovery round-up.

This month we take a look at an Irish courts ruling on TAR that relies on some US court’s precedent, get caught up on The Sedona Conference’s latest project published for public comment and highlight an E-Discovery thought leader who popped up on various nationally broadcast programs. So, let’s dive in, shall we?

First up, in a conspiracy case (Irish Bank Resolution Corp. v. Quinn, H. Ct. Ir., No. 2011 5843 P, 3/3/15) involving Ireland’s former richest man, Sean Quinn, the High Court of Ireland has ruled that the use of Technology Assisted Review is appropriate. With a keyword culled data set north of 680K documents, Ireland’s High Court ruled that “using predictive coding is at least as accurate as, and, probably more accurate than, the manual or linear method in identifying relevant documents,” and that even if TAR were only “equally as effective [as] manual review, [TAR would] still allow for a more expeditious and economical discovery process.” Citing Judge Andrew Peck’s DaSilva Moore decision as well as Maura R. Grossman and Gordon V. Cormack’s JOLT article, “Technology-Assisted Review in E-Discovery Can Be More Effective and More Efficient than Exhaustive Manual Review,” presiding Justice Raymond Fullam disagreed with defendants numerous arguments against the use of TAR, among them, that there would be no savings of time or cost, and granted Plaintiff’s motion “for the use of predictive coding to identify relevant documents.” This ruling could perhaps signal TAR’s wider global acceptance, but only time will tell.

Next, The Sedona Conference this month released for public comment it’s Commentary on Rule 34 and Rule 45 “Possession, Custody and Control.” The publication aims to, among other things, assist jurists and legal teams sort through inherently nebulous circumstances such as documents held in cloud storage by service providers, ESI residing on employee’s personal devices and foreign based parent corporation’s obligations. The publication is available for download here

And last, but certainly not least, one of our esteemed E-Discovery colleagues has been making the rounds on the national stage! According to an article that appeared on the Information Governance Initiative website, Jason R. Baron has been interviewed on MSNBC’s The Last Word with Lawrence O’Donnell, Federal News Radio and NPR’s All Things Considered in relation to the “Clinton email story.” Finally, some folks in the national media are interviewing someone who actually knows what they’re talking about when it comes to email archival! The article on the IGI website contains audio and video links to all the interviews, which are worth their weight in Information Governance gold!

Thanks for checking in to this month’s E-Discovery Round-up. As always, if you find this article, interesting, please let people know by clicking the share link below. And, if you would like to share your feedback or comments with me directly you can do so by clicking my contact link! 

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