Chicago partner Tom Lidbury and Michael Boland, managing director of Drinker Discovery Solutions LLC, authored their third article in a series on e-discovery issues.

The latest article focuses on the pending Kleen Products v. Packaging Corp. of America case, which illustrates the baseline of defensibility for the more traditional Boolean searching technology.

Tom and Mike note “There is great interest in whether this case will become the first in which a party is affirmatively compelled to use statistical document sorting technology. But, leaving the question of the potential remedy aside, this case illustrates well the challenge of defending a Boolean process that is conducted unilaterally.”

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