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ACEDS Analysis and Guidance

With eRecall, there is no free lunch

This article was originally published at Clustify Blog. It is republished here with the permission of its author.  There has been some debate recently about the value of the “eRecall” method compared to the “direct recall” method for estimating the recall achieved with technology-assisted review (TAR). This article shows why eRecall requires sampling and reviewing… Read more

US judge wipes out fee request for overlawyering and block billing, awarding zero for e-discovery

If you’re looking for a lesson in proportionality, look elsewhere. There’s nothing to see here – not in a case where nearly a million dollars in attorneys’ fees and costs requested by plaintiffs lawyers yielded a mere $50,000 jury verdict for their client. And not in a case where those same attorneys allegedly turned down… Read more

Expert's Corner

What is a near-dupe, really?

By: Dr. Bill Dimm | CEO | Hot Neuron LLC Date: Wednesday, August 14, 2013 This article was first published at, and is republished here with the permission of its author. When you try to quantify how similar near-duplicates are, there are several subtleties that arise. This article looks at three reasonable, but different,… Read more


Facing terror accusations, bank’s lose-lose dilemma spotlights catch-22 of cross-border discovery

Though much is written about cross-border discovery and the specter of conflicting data laws, the tangible impact of getting wedged between a US discovery order and a foreign blocking statute is hard to define – if only because reports of such occurrences so infrequently emerge. The hypothetical dilemma is straightforward. An adversary in US court demands… Read more

US court tells Microsoft to comply with warrant for customer emails stored abroad, sparking outcry

This article was originally published in Volume 30, Issue 11 of the International Enforcement Law Reporter. It has been republished here with the permission of its author.  On July 31, US district Judge Loretta Preska, ruling from the bench, upheld an April decision of US magistrate Judge James Francis requiring Microsoft to comply with a… Read more