In re Rail Freight Fuel Surcharge Antitrust Litig., 2009 U.S. Dist. LEXIS 99187, at *40-41 (D.D.C. Oct. 23, 2009). In this antitrust action, the Honorable John M. Facciola commended the parties on limiting document production and the necessity of reviewing documents using a search based filtering system. The Court stated:
Again, most commendably, the parties have agreed to apply a privilege filter to the search of these custodians' documents. Defendants explain:
The parties negotiated a privilege filter as part of a global discovery protocol whereby a short list of search terms, such as "work product" and "privilege" will be applied to ESI in which the names of in-house counsel appear. All ESI triggered by the filter will be logged automatically and will not be reviewed further unless the receiving party in good faith requests further information to substantiate the ESI's inclusion in the privilege log.
Cross-reference:
- Arkfeld on Electronic Discovery and Evidence (2nd Ed.), § 7.4(H), Work Product (Rule 26(b)(3)), Privileged Information and Inadvertent Disclosure; § 7.7(I), Search and Information Retrieval.
The cross-reference(s) is intended for owners of the Arkfeld on Electronic Discovery and Evidence treatise and Best Practice Guides which provides extensive discussion of the applicable legal and technology area and other cases involving these issues.
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