Shir Law Group, P.A. v. Carnevale » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Shir Law Group, P.A. v. Carnevale

Shir Law Group, P.A. v. Carnevale

Case Date: 08/21/2019
Citation: 271 So. 3rd 152
Court Type: District Court of Appeal
Court: Fla. 3d DCA
Judge: Judge: Eric Hendon
Issues:

The court addressed whether a forensic search utilizing 110 key words including many common words– such as “condo*”– amounted to cart blanche discovery into the responding party’s electronically stored information that constituted sufficient grounds to grant certiorari.

Resolution:

The Shir Law Group, attorneys practicing condominium and community association law, initially failed to produce certain relevant emails. The court determined that greater technical competence was required and granted the requesting party’s motion for a forensic examination of Shir Law Groups’ electronically stored information. The court requested a proposed forensic protocol from the parties. The Shir Law Group proposed 30 terms; the requesting party proposed 110 terms that included common words such as “condo*”. The trial court accepted the requesting party’s proposed protocol. The appellate court found that certiorari was required even though overbreadth is not normally sufficient in and of itself because the instant case involved a carte blanche fishing expedition into the responding party’s ESI. The appellate court reversed the trial court’s order stating that the forensic examination parameters and search protocol should be appropriately crafted to protect against the disclosure of privileged or irrelevant information, without restricting the forensic examiner’s ability to retrieve relevant, non-privileged information.

Relevant Documents:

SLG – Petition For Writ of Certiorari

Carnevale – Response to Petition

E-Discovery Issues: Discovery Order, Motion to Compel
E-discovery Tags: Boolean Search, Cooperation, Forensic Analysis/Examination, Keyword Search
E-discovery subjects: Computer, Email, Hard drive

Published: August 15th, 2019

Category: Uncategorized


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