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Greg Buckles Julie Wade
April 9, 2009
Benchmark Legal Solutions 5101 Navigation,Houston, TX 77011
First opinion to suggest judicial review of alleged search deficiencies requires expert testimony.
“Given this complexity, for lawyers and judges to dare opine that a certain search term or terms would be more likely to produce information than the terms that were used is truly to go where angels fear to tread.”
[A]ll keyword searches are not created equal…. The only prudent way to test the reliability of the keyword search is to perform some appropriate sampling…
[S]anctions may be appropriate in other cases where evidence is lost because important searches were recklessly entrusted to untrained, unsupervised personnel.
NO SEARCH IS PERFECT