Electronic Discovery Problems in Employment Litigation

This article discusses several recent issues in electronic discovery in employment litigation: 1. the use of keyword searching versus predictive coding for reviewing and producing large sets of documents; 2. privilege and waiver issues arising from electronic discovery, including the impact of Fed....

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Bibliographic Details
Published inPractical Lawyer Vol. 60; no. 4; p. 51
Main Authors Bernabei, Lynne, Kabat, Alan R
Format Trade Publication Article
LanguageEnglish
Published Philadelphia American Law Institute 01.08.2014
Subjects
Attorneys
Confidential relationships
Electronic discovery
Ethics
Privileged communication
United States > US
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Summary:This article discusses several recent issues in electronic discovery in employment litigation: 1. the use of keyword searching versus predictive coding for reviewing and producing large sets of documents; 2. privilege and waiver issues arising from electronic discovery, including the impact of Fed. R. Evid.502; and 3. ethical issues arising from accessing another party's emails or social media sites. Attorneys started doing keyword searches and searches limited to certain record custodians. Unlike manual review, where the review is done by the most junior staff, computer-assisted coding involves a senior partner who review and code a "seed set" of documents. The computer identifies properties of those documents that it uses to code other documents. Thus, attorneys for employees need to require that their clients use only personal computers and email to communicate with the attorney.
ISSN:0032-6429
2640-9496