Magistrate in the Southern District of New York Advises Counsel to Consult Experts and to Cooperate with Each Other in the Development of Keywrod Search Terms.

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In a dispute over alleged defects and delays in the construction of the Bronx Criminal Court Complex, Magistrate Judge Peck admonished that: “Electronic discovery requires cooperation between opposing counsel and transparency in all aspects of preservation and production of ESI. Moreover, where counsel are using keyword searches for retrieval of ESI, they at a minimum must carefully craft the appropriate keywords, with input from the ESI’s custodians as to the words and abbreviations they use, and the proposed methodology must be quality control tested to assure accuracy in retrieval and elimination of ‘false positives.’ ┬áIt is time that the Bar – even those lawyers who did not come of age in the computer era – understand this.” William A. Gross Const. v. Am. Manuf. Mut. Ins. Co., No.07-10639, 2009 WL 724954 (S.D.N.Y. Mar. 19, 2009).

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