Some U.S. courts seeking discovery details.

• Position: E-DISCOVERY - Brief article

Several recent federal cases indicate that U.S. courts are becoming increasingly engaged in assessing the details of e-discovery, such as whether the correct search terms or custodians have been identified, according to Daniel J. Weiss, a partner at Jenner & Block, in a recent Lexology article. He cited the following three cases as evidence:

American Home Assurance Co. v. Greater Omaha Packing Co.: The court ordered a party that had produced very few e-mails to "disclose the sources it has searched or intends to search and, for each source, the search terms used."

Swanson v. ALZA Corp.: The court ordered a party to apply several search terms (including Boolean operators) to a...