Overview
The Victor Stanley decision was issued by Magistrate Judge Grimm, who has been a leader in addressing electronic discovery issues. The decision is one of the early cases on the use of technology — and search terms in particular — in identifying a subset of information (in fact, the privileged information) in a collection. In this decision, Judge Grimm discusses competence in the use of search technology to identify the privileged information. In City of Rockford, a breach of contract and antitrust case involving prescription medication, Magistrate Judge Johnston contemplates a discovery dispute about an electronic discovery production protocol and concludes that the percentage of relevant information that remains in the discard pile (and therefore was not produced) is reasonable.
Based on the cases decisions Victor Stanley (Victor Stanley v.Creative Pipe Grimm opinion.FINAL.pdf ) and City of Rockford (City-of-Rockford-vs-Mallinckrodt-ARD-Inc. 2018.pdf)
Answer and reflect the next questions:
What are the competencies needed by companies (and/or their counsel) to perform the work and validation the judges contemplate. ?
• Consider the process points for effective search articulated in Victor Stanley and the competencies required to effect the validation in City of Rockford.
Sample Solution
