It may just be time to grab a pair of vagabond shoes and start spreading the news, because New York state and federal courts contributed a significant amount of electronic data discovery lawmaking in 2012. In fact, many of the cases in this year’s review take their cues from Southern District of New York’s Judge Shira Scheindlin’s ubiquitous Zubulake v. UBS Warburg opinions. But 2012 may best be remembered as the year of predictive coding, with courts starting to approve the use of technology-assisted review to quell the cost and burden of large-scale document review and production.
The New York State Appellate Court ushered in 2012′s first head-turning opinion when, in Voom HD Holdings, LLC v. EchoStar Satellite LLC, M-1748 & 600292/08 (Sup. Ct. N.Y., App. Div., 1st Dept. Jan. 31, 2012), [http://at.law.com/LTN132a] the court adopted the preservation principles laid out by Scheindlin in Zubulake I , holding that the duty to preserve begins when a party is on notice of a credible probability that it will become involved in litigation.
