There’s a double standard in e-discovery. Keyword search is deemed “good enough” for identifying responsive electronically stored information; yet when privilege is on the line, lawyers insist on page-by-page review. It’s a tacit recognition that keyword search is a blunt instrument — a point artfully made twice this year by Magistrate Judge John Facciola in U.S. v. O’Keefe, 537 F. Supp. 2d 14, 24 (D.D.C. 2008), and Equity Analytics v. Lundin, 248 F.R.D. 331, 333 (D.D.C. 2008), and emphatically underscored by Magistrate Judge Paul Grimm in Victor Stanley, Inc. v. Creative Pipe, Inc., Civil Action No. MJG-06-2662 (D. Md. May 29, 2008).
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