Discovery About Discovery: Sampling Practice and the Resolution of Discovery Disputes in an Age of Ever-Increasing Information

Authors

Charles Yablon, Benjamin N. Cardozo School of LawFollow
Nick Landsman-Roos, Stanford Law School

Abstract

This Article provides the first extended academic consideration of a new practice adopted by an increasing number of courts to resolve e-discovery disputes - the sampling of a small portion of the information sought in backup or other relatively inaccessible files. We provide a comprehensive overview and statistical analysis of contemporary sampling techniques, identifying issues where sampling practice is inconsistent or where additional guidance appears to be required. Our aim is to provide a coherent theoretical approach to the use of sampling, suggesting "best practices" for many unresolved issues, and locating sampling practice within broader contemporary debates about discovery.

Disciplines

Environmental Law | Human Rights Law | Law | Legal Profession

Recommended Citation

Charles Yablon & Nick Landsman-Roos, Discovery About Discovery: Sampling Practice and the Resolution of Discovery Disputes in an Age of Ever-Increasing Information, 34 Cardozo L. Rev. 719 (2012).
Available at: https://larc.cardozo.yu.edu/clr/vol34/iss2/7