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U.S. v. Philip Morris – E-discovery 1,726 Requests to Produce propounded by tobacco companies on U.S. (30 federal agencies, including NARA) for tobacco related records Along with paper records, records were made subject to discovery 32 million Clinton era records held by NARA
Citation preview
Complex legal requirements in electronic discovery search
and retrieval: A NARA case study
NSF Collaborative Expedition Workshop # 45Advancing Information Sharing, Access, Discovery and Assimilation of Diverse Digital Collections Governed by
Heterogeneous SensitivitiesNovember 8, 2005
Jason R. BaronDirector of Litigation
Office of General CounselNational Archives and Records Administration
U.S. v. Philip Morris et al.
Civil lawsuit brought by Clinton Administration against tobacco companies in 1999 RICO case – racketeering allegation that companies have conspired since 1953 to defraud the American public as to the true health effects of smoking Trial concluded in June 2005 – parties are awaiting decision from Judge Gladys Kessler
U.S. v. Philip Morris – E-discovery
1,726 Requests to Produce propounded by tobacco companies on U.S. (30 federal agencies, including NARA) for tobacco related records
Along with paper records, email records were made subject to discovery
32 million Clinton era email records held by NARA
Tobacco Email Winnowing Process
20 million 200,000 100,000 80,000 20,000
email hits based relevant produced placed on records on keyword emails to opposing privilege terms used party logs
only a handful entered as exhibits at trial
Tobacco Case – NARA Search Terms Round One
tobacco cigarette smoking <tar> nicotine smokeless Synar Amendment Philip Morris R.J. Reynolds Brown and Williamson BAT Industries Liggett group
Tobacco NARA Search Terms (Con’t)
Round Two (selected examples) Liggett PMI (Philip Morris Institute) MSA (Master Settlement Agreement) ETS (Environmental Tobacco Smoke) B&W (Brown & Williamson) TI (Tobacco Institute)
Tobacco Search Terms: False Positives
Upper Marlboro, Maryland Presidential Management Intern (PMI)
program Medical Savings Accounts or Metropolitan
Standard Area (MSA) Educational Testing Service (ETS) Black & White photos (B&W) TI . . .
Tobacco Search String NARA Used For Round Two
(((master settlement agreement OR msa) AND NOT (medical savings account OR metropolitan standard area)) OR s. 1415 OR (ets AND NOT educational testing service) OR (liggett AND NOT sharon a. liggett) OR atco OR lorillard OR (pmi AND NOT presidential management intern) OR pm usa OR rjr OR (b&w AND NOT photo*) OR phillip morris OR batco OR ftc test method OR star scientific OR vector group OR joe camel OR (marlboro AND NOT upper marlboro)) AND NOT (tobacco* OR cigarette* OR smoking OR tar OR nicotine OR smokeless OR synar amendment OR philip morris OR r.j. reynolds OR ("brown and williamson") OR ("brown & williamson") OR bat industries OR liggett group)
FalsePositives
Relevant Smoking Policy Emails
OMB
VP Chief
of Staff
Ron Klain
Office of the U.S.
Trade Rep.
White House Couns
el
Real User Needs at NARA
Finding Responsive Needles inHaystacks of Data
Maximizing Recall of Responsive Docs Weeding out False Positives Evaluating competing search products in
the marketplace against some objective standard lawyers will embrace
Opportunities & Avenues to Explore Future Research
Exploring collaborative strategies amongst lawyers for the purpose of ensuring richer data sets responsive to queries
Sponsoring challenge to private sector to have automated search methodologies compete based on objective criteria
TREC 2006 Legal Track Future partnership opportunities with Sedona
Conference legal community
Jason R. BaronDirector of LitigationOffice of General CounselNational Archives and Records Administration8601 Adelphi Road Suite 3110College Park, MD 20740(301) 837-1499Email: [email protected]
