We last reviewed the case law on predictive coding (also called “technology assisted review” (“TAR”)), about 2 ½ years ago.  Back then, we concluded:

The case law has exploded.  Where only a handful of cases existed back then [2012], now we find dozens.  Substantively, we’re happy to report that courts don’t seem to have anything

Today’s guest post is by Reed Smith associate Regina Nelson.  In it she tackles an issue that inevitably arises whenever ediscovery for defendants is successful, that is, what must be done to have the fruits of that discovery be admitted at trial, otherwise known as authentication.  She discusses a recent Pennsylvania appellate case that

We update our cheat sheet devoted to ediscovery for defendants differently than the others.  Because of the broad nature of the topic – these cases arise in a wide variety of non-drug/device contexts – other personal injury, employment, civil rights, occasionally even criminal litigation.  That means we have to research them separately to find what

This is our quasi-annual update to our cheat sheet about ediscovery for defendants.  Essentially that means using discovery to obtain access to what plaintiffs have said about themselves, and their supposed injuries, on social media.  Such material can be critical to defeating a plaintiff’s case. See Zamudio-Soto v. Bayer Healthcare Pharmaceuticals, Inc., 2017 WL