The FBI should and could easily have finished its investigation of Hillary Clinton’s emails on Anthony Weiner’s laptop by no later than early Monday morning. And, consistent with its current policy, it should have disclosed the result of its review by no later than noon on Monday. Continue reading
In any case where emails between the parties will be discoverable, the parties should collect and jointly analyze the emails between them, before the initial scheduling conference, in order to agree on an efficient and proportional ediscovery plan and to attempt early resolution.
Please take a look at Craig Ball’s informative blog post on deduplication and my comment. Craig explains why deduplication isn’t more widely used even though it makes ediscovery faster and cheaper, and he describes the main methods of deduplication. I add my view that reasonable counsel should agree on a bilateral deduplication method before any deduplication is done, and I include a few considerations about how counsel should use proportionality to determine what method is appropriate under the circumstances.