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Protocols and Pitfalls for Leveraging Technology

By Bruce N. Furukawa
April 27, 2012

With Magistrate Judge Andrew Peck's declaration in Da Silva Moore v. Publicis Groupe, 11 Civ. 1279 (S.D.N.Y. 2012), that “computer-assisted review is an acceptable way to search for relevant ESI in appropriate cases,” counsel using the technology must consider a variety of factors in determining whether a particular case is a strong candidate, and how to incorporate it effectively. (A PDF of the Opinion and Order can be found at bit.ly/IialKX.)

This article highlights a series of best practices for litigants to consider in their trial strategy discussions, as well as a description of the challenges they are likely to face.

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