Judge Gandhi stressed the importance of using e-discovery experts, saying the bench thinks that e-discovery consultants get pulled in too late, after the data has already been consolidated. He said that as soon as the complaint gets filed, an e-discovery consultant should be pulled in, and that this matters in discovery disputes in court.
Judge Segal expressed the need for attorneys and their experts to help judges better understand their case. Judge Segal explained that it is difficult for her to decide on keyword lists because she doesn't necessarily understand the nuances of each case. With respect to a burdensomeness objection, Judge Segal suggested that parties compare their volume of data to something else judges may understand, like "This is more data than is contained in the Library of Congress." You only help yourself with more information and details.
