•  
  •  
 

Publisher

The Association of Digital Forensics, Security and Law (ADFSL)

Abstract

With the huge volumes of electronic data subject to discovery in virtually every instance of litigation, time and costs of conducting discovery have become exceedingly important when litigants plan their discovery strategies. Rather than incurring the costs of having lawyers review every document produced in response to a discovery request in search of relevant evidence, a cost effective strategy for document review planning is to use statistical sampling of the database of documents to determine the likelihood of finding relevant evidence by reviewing additional documents. This paper reviews and discusses how sampling can be used to make document review more cost effective by considering issues such as an appropriate sample size, how to develop a sampling strategy, and taking into account the potential value of the litigation in relation to the costs of additional discovery efforts.

References

Barrera v. Boughton, 256 F.R.D. 403, 418 (S.D.N.Y. 2009).

Cooper, D. R. and P.S. Schindler (2003), Business Research Methods, McGraw-Hill, Boston.

Federal Rules of Civil Procedure, 26(a)(1)(B) (December 2007).

Makrakis v. Demelis, 2010 WL 3004337 (09-706-C July 13, 2010).

S.E.C v. Collins & Aikman Corp, 256 F.R.D. 403, 418 (S.D.N.Y. 2009).

The Electronic Discovery Reference Model. (2005). Retrieved December 16, 2010, from The Electronic Discovery Reference Model: http://www.law.com/jsp/legaltechnology/eDiscoveryRoadmap.jsp

Victor Stanley, Inc. v. Creative Pipe, Inc., 2010 WL 3530097 (D.MD 2010). Working Group 1. (2009). "Achieving Quality in the E-Discovery Process.". Commentary by the Working Group 1 of The Sedona Conference®. Sedona: Sedona Conference.

Zubulake v. UBS Warburg LLC, 217 F.R.D. 309, 312 (S.D.N.Y 2003).

DOI

https://doi.org/10.15394/jdfsl.2011.1092

 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.