Business Litigation Report -- November 2012

In This Issue:

Firm News:

• Amy Candido, Diane Doolittle and Susan Estrich Recognized as “Top Women Lawyers”

• Quinn Emanuel Adds More International Arbitration Stars

Main Article:

• Predictive Coding Comes of Age

Practice Area Notes:

• Copyright Litigation Update

• Bankruptcy Litigation Update

• Class Action Litigation Update

• Appellate Litigation Update

• London Litigation Update

Victories:

• Victory for Vermillion Inc. and Bio-Rad in High-Stakes Arbitration

• Victory for Broadcom Founder

• Important International Arbitration Victory for DP World

Excerpt from Predictive Coding Comes of Age -

So-called “predictive coding”—using a small number of manually coded documents to analyze and predict appropriate coding for a much larger set of documents —has become a hot topic in e-discovery. This past year brought the first reported judicial decisions explicitly authorizing the practice. 2012 also saw some of the first disputes concerning the appropriate methodologies for this technique.

In coming years, the use of predictive coding will continue to grow as litigants seek to limit discovery costs. Judges may also continue to endorse the practice, even incorporating it into model e-discovery orders. But early adopters should proceed with caution; the practice is likely to generate many disputes as acceptable methodologies and best practices are established.