E-Discovery Matures

Earlier this year, the Eastern District of Texas amended its local rules to include a Model Order that seeks to streamline the preservation and production of ESI in patent cases (the “Model Order”). While the Eastern District of Texas might seem like an odd place to be setting the pace for e-discovery, it is in fact the forum of choice for many patent plaintiffs. The full text of the order can be found here. The Model Order imposes presumptive limits on the number of custodians (8) and search terms per custodian (10) and requires that the parties produce documents in the first instance as single page TIFFs. Search terms must be “narrowly tailored to the particular issues,” and conjunctive combinations of terms count only as a single search term.

Meanwhile, a private “think-tank” whose public sessions I have attended over the last ten or so years, the Sedona Conference, continues to be in the forefront of making suggestions for the handling of e-discovery.

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