Listen to Magistrate Judge Paul Grimm and Tim Opsitnick from JurInnov discuss some of the current trends in evolving electronic search and retrieval beyond key word searches. This trend appears to be getting support from the bench. Judge Grimm is the author of many of the most widely recognized electronic discovery opinions including, Hopson v. Mayor & City Council of Baltimore, 232 F.R.D. 228 (D. Md. 2005) – guidance on privilege waiver; Lorraine v. Markel American Insurance, 2007 WL 1300739 (D. Md. May 4, 2007) – guidance on authenticating ESI; Mancia v. Mayflower Textile Services Co., 253 F.R.D. 354 (D. Md. 2008) – supporting a more collaborative model in E-Discovery; Victor Stanley Inc. v. Creative Pipe Inc., 250 F.R.D. 251 (D. Md. 2008) – guidance on key word searching. Tim Opsitnick is a techologist and an attorney having managed large scale and complex litigation at an AmLaw 100 law firm and then forming JurInnov, in 2000, a technology company focussed on assisting attorneys.
In this episode we talk about the evolution of search and retrieval from the 10,000 foot perspective, the importance of documenting what you do, how experimenting plays a role in search and retrieval, how common law supports changing the model for search and retrieval and some of the flaws in the current search and retrieval model.