Alas, we may never know the legal standard of care for an e-discovery vendor.
A pair of lawsuits that could have made for some great drama and established a vendor standard of care has been settled. I previously blogged about a dispute between Sullivan & Cromwell and EED. Both S&C’s initial suit in NY state and EED’s countersuit in Washington state have been settled according to Sullivan & Cromwell, E-Discovery Vendor Settle Lawsuits (National Law Journal 18 Jan 2008): “The short-lived clash was believed to be the first of its kind between a major law firm and a leading vendor in the growing area of electronic discovery services.”
Fear not – given the volume of EDD, I suspect it’s only a matter of time before we see another such suit.