Since March Madness is in the air, a look at e-discovery in sports seemed appropriate.

Even though it's the off-season, football isn't immune from e-discovery, as the recent NFL bounty hunting scandal reveals. Electronically stored information is also playing a key role in the investigation of former Penn State football coach Jerry Sandusky: last month, the university received a subpoena from the U.S. Attorney's Office seeking, among other information, the hard drives of Sandusky, retired vice president Gary Schultz, suspended athletic director Tim Curley, and former university president Graham Spanier. The cover letter accompanying the subpoena directed the university to store all e-mails, complaints, internal communications, and records of interviews, showing that the federal authorities are investigating whether the school's administration attempted to cover up the allegations.

Last week, we mentioned the potential problems with monitoring student-athlete social media accounts. On Monday, the NCAA refused this week to "impose a blanket duty on institutions to monitor social networking sites" of their student-athletes. Instead, the organization recommended that schools should only monitor these sites if they become "aware of an issue that might be resolved in some part by reviewing information on a site."

And on a lighter note, as the sports lawyers from the law firm Fox Rothschild recently analyzed U.S. Magistrate Judge Andrew Peck's recent opinion approving computer-assisted review in Da Silva Moore v. Publicis Groupe, they also added the following comments about the e-discovery process:

A reviewer must winnow a huge field down to the "final four" of documents, those that are relevant to the underlying case. As with making picks in the NCAA tournament, different methods are employed with varying degrees of accuracy, time, and use of resources. Whether picking March Madness winners or choosing relevant documents in discovery, putting relevant data in the context of metadata should help improve the accuracy and efficiency of the selection process.

For those of you more mathematically minded, the blog continues with a discussion of "algorithms to process play-by-play metadata to come up with a ranking system based on teams' behavior at critical times in the game."

It might be easier just to have Watson fill out our bracket.

As always, we hope you enjoy our content and welcome your feedback.

Jon Resnick

Worldwide Vice President, Field Operations and Marketing

Phone: 312.543.6211
Email: jon.resnick@applieddiscovery.com

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E-Discovery Events

ACC CLE: Bringing Discovery In-House: Leveraging Internal Resources to Achieve Value and Minimize Costs
March 28, 2012
San Diego
ACC Greater New York Chapter CLE
March 29, 2012
New York, NY

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