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Author Archives: W. Lawrence Wescott II

W. Lawrence Wescott II: Predictive coding used successfully in Global Aerospace

Predictive coding as an appropriate method for reducing the number of electronically stored documents that attorneys must review in eDiscovery has cleared another judicial hurdle. In the closely watched Global Aerospace case in Virginia, the defendants recently produced their discovery, which they had culled using OrcaTec’s predictive coding system. With no objections from the plaintiffs, the case for using predicting coding has become stronger.

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W. Lawrence Wescott II: Failure to review ESI in a reasonable time leads to suppression of evidence

How long can the government hold on to electronically stored information evidence without beginning any kind of review? U.S. v. Metter, No. 10-CR-600 (DLI), 2011 U.S. Dist. LEXIS 155130 (E.D.N.Y. May 17, 2012) is apparently the first case to provide an answer to this question.

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W. Lawrence Wescott II: Predictive coding in electronic discovery

To many lawyers, the entire electronic discovery process is inimical to Federal Rule 1, that the federal rules “should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.” When confronted with thousands ...

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W. Lawrence Wescott II: Backup tapes in electronic discovery, Part II

My previous column in this series discussed how organizations use backup tapes, and some implications for electronic discovery. This column will look at some representative decisions involving backup tapes in e-discovery. As I mentioned last month, many firms use backup ...

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W. Lawrence Wescott II: Backup tapes in electronic discovery, Part I

If backup tapes were used by companies for the purpose for which they were intended, they would never be involved in e-discovery disputes. Backup tapes were originally designed for the reconstruction of computers (usually file servers) when their hard drives ...

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W. Lawrence Wescott: To Self-Collect or Not to Self-Collect?

Many companies seeking to reduce the cost of electronic discovery will collect information internally and provide the data to counsel and/or the e-discovery vendor. However, it is critical that the discovery process be appropriately supervised by counsel. Merely instructing the ...

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