Complex Litigation Blog

In a case featuring a heated pretrial-discovery battle between heavyweights, a U.S. District Court Magistrate Judge in Tennessee recently approved the use of predictive coding in reviewing over two million documents for responsiveness.  

Two  federal courts recently dealt with thorny issues stemming from defendant employers’ use of the attorney-client privilege and work product doctrine. These rulings should be heeded by those of us who develop or revise electronic data review protocols, particularly any  guidance for determining when to withhold documents under the attorney-client privilege or the work product doctrine.