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A Binary S.D.N.Y. Ruling on Failure to Issue Written Legal Holds Superseded By An Analog 2nd Circuit Holding?

The 2nd Circuit Rejects Judge Scheindlin’s Position That A Failure To Issue A Written Legal Hold Is Gross Negligence Per Se Does the failure to issue a written legal hold result in a "gross negligence per se" sanction and adverse inference instruction? According to the 2nd circuit, not necessarily. Judge Scheindlin's S.D.N.Y. holding that a failure to issue a written legal hold to be dispositive of a finding of gross negligence per se has been soundly rejected by the 2nd circuit. Rather than signal an erosion or relaxation of the duty to preserve requirements, the  Chin v. Port Auth holding instead shows that courts have evolved a higher degree of sophistication to discern facts and apply discretion on a case by case basis and that a failure to issue a written legal hold is but one of the factors to be considered when levying sanctions.

By Richard E. Davis, Nov 11, 2012

Calculating Precision and Recall

Understanding precision and recall is key to understanding the efficacy distinctions between manual search based on manual coding and search based on predictive coding. This little primer is helpful.

by Rushdie Shams Added to DiscoveryLogix resource page July, 5 2012

E-discovery in the cloud? Not so easy

Don't wait till the lawyers come calling to figure out if you can find your cloud-based data.

By Tam Harbert March 6, 2012

Xerox's Strategic Acquisition of Lateral Data Will Allow Them to Move Upstream In EDRM Model

Xerox's Strategic Acquisition of Lateral Data Will Allow Them to Move Upstream In EDRM Model

Xerox Press Room, July 02, 2012

Getting Rid of Data: Why it's So Hard

The Costs and Risks of Business's Invisible Trash Heap Information Management Magazine

Nov/Dec 2011 Harry Pugh

Corporations and Their Lawyers Look to the Cloud for DIY E-discovery

Shannon Green, Corporate Counsel November 4, 2011

Viewpoint™ Chosen as e-Discovery Platform at Kramer Levin

e-Discovery Software Selected for Its All-In-One Capabilities Over Multiple Tools at Prominent New York Law Firm

PR Newswire HOUSTON, Oct. 27, 2011