In a leading E discovery outsourcing contract where , J M Manufacturing Company filed a complaint for damages against MCDERMOTT Will & Emery in the State of California for alleged breach of privileged information, failure to supervise properly the contract attroney as well as marking up the fees over the contract fees.
The facts of the case is that McDermott worked with JME to identify about 160 custodians who likely had responsive electronic information. McDermott then made electronic copies of the custodians’ data and transferred the data to third party electronic discovery vendor, stratify. Stratify used a list of keywords to search the data for responsive information. The keyword was developed jointly McDermott and the Assistant United States Attorney working on the matter. McDermott produced the documents containing the keywords to the Federal Government found a significant number of privileged documents and asked JME (through McDermott) to conduct a privilege review and submit a new production set.  MWEs attorney performed limited spot checking of the contract attorney’s work, but the firm did not thoroughly review the categorisation or conduct any further privilege review. About 250,000 electronics documents were produced to the government entities.
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