Anne Kershaw and Joe Howie, two well-respected eDiscovery veterans (and enjoyable people to boot), recently went public with the results from a vendor survey they conducted on “predictive coding” followed by a Law.com article highlighting key takeaways from the survey.  In one fell swoop, Anne and Joe have succeeded in elevating into the mainstream the discussion about the most promising form of advanced eDiscovery technology on the market today; for this, they should both be thanked by vendors, clients and outside counsel alike.

The survey results are not without their weaknesses, some of which are illustrated below.  I would argue, however, that this is due to the challenging task of “herding cats” Anne and Joe undertook; it is...

Thought you heard the last from Magistrate Judge Grimm after his rulings in Victor Stanley, Inc. v. Creative Pipe, Inc., et al., 2008 WL 2221841 (D. Md. 2008) relating to the duty to preserve and spoliation?  Well, as Mark Twain said, "The reports of my death are greatly exaggerated".  At the end of last week, Judge Grimm issued another ruling being called, “Victor Stanley II” or “VSII”.  What is a must-read for any litigator and eDiscovery practioner, the decision is chock full of don’ts when it comes to preserving and handling electronic evidence in litigation.  For example, logging on to a computer that is...