May 22, 2013 Articles

Judge Scheindlin Addresses Keyword Searches

The best-known SDNY judge on e-discovery outlines more best practices.

By Andrew J. Herink

Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York has issued several key opinions on e-discovery issues, including most notably her much cited and discussed Zubulake opinions. Zubulake v. UPS Warburg LLC, 217 F.R.D. 309; 216 F.R.D. 280; 220 F.R.D. 212; and 229 F.R.D. 422. In July 2012, she issued yet another extensive e-discovery opinion. In National Day Laborer Organizing Network v. United States Immigration & Customs Enforcement Agency, Judge Scheindlin addressed several issues related to keyword searches for documents. 877 F. Supp. 2d 87 (S.D.N.Y. 2012). Although her opinion concerned keyword searches in response to a Freedom of Information Act (FOIA) request, the concepts and best practices that Judge Scheindlin articulated are relevant to keyword searches in typical civil discovery.

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