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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 provides 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.
Discovery, Zubulake v. UBS Warburg, electronic disvoery (ediscovery)
Charles M. Yablon & Nick Landsman-Roos,
Discovery about Discovery: Sampling Practice and the Resolution of Discovery Disputes in an Age of Ever-Increasing Information,
Cardozo Law Review
Available at: https://larc.cardozo.yu.edu/faculty-articles/219