William A. Gross Construction Associates, Inc. v. American Manufacturers Mutual Insurance Company, No. 1:2007cv10639 - Document 440 (S.D.N.Y. 2009)

Court Description: OPINION AND ORDER #97243: Electronic discovery requires cooperation between opposing counsel and transparencyin all aspects of preservation and production of ESI. Moreover, where counsel are using keywordsearches for retrieval of ESI, they at a minim um must carefully craft the appropriate keywords, with input from the ESI's custodians as to the words and abbreviations they use, and the proposed methodology must be quality control tested to assure accuracy in retrieval and elimination of &qu ot;false positives." It is time that the Bar - even those lawyers who did not come of age in the computer era - understand this. SO ORDERED. (Signed by Magistrate Judge Andrew J. Peck on 3/19/2009) Copies Sent By Chambers.(tve) Modified on 3/20/2009 (mro).