In May, the “Geekspeak” column examined a pair of decisions — United States v. O’Keefe, 537 F. Supp. 2d 14 (D.D.C. 2008) and Equity Analytics v. Lundin, No. 1:2007cv2033 (D.D.C. March 7, 2008) holding that any challenges to or defenses of search methodology (what I will refer to as “automated” searches) in producing e-discovery must be scrutinized under Federal Rule of Evidence 702, which governs the admission of expert testimony.
Both opinions were written by Magistrate Judge John M. Facciola, a highly respected and influential voice in e-discovery matters.
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