Bloomberg Law
April 29, 2015, 5:29 PM UTC

The Hazy Line Around Disqualifying eDiscovery Vendors

Gabe Friedman
Freelancer

It was a run-of-the-mill lawsuit: Lawyers at Nixon Peabody hired eDiscovery vendor D4 to scan and code approximately 400,000 emails at a cost of $50,000. Two months later, the opposing counsel wanted to hire D4 in the same case.

Nixon Peabody lawyers feared their coding words would be leaked to the opposing lawyers and their theory of the case disclosed, so they filed a motion to disqualify D4.

“When should eDiscovery vendors be disqualified?” That’s the title of an article posted in March by Michael Anthony Cottone, former editor-in-chief of the Tennessee Law Review and now a federal judicial clerk in ...

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