Document Unitization

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Josh Gilliland’s Bow Tie Law Blog has an excellent discussion of several recent decisions governing document unitization.  “Identifying Logical Document Breaks in Discovery Order” ( Aug. 8, 2021).

Proper document unitization maintains the organizational structure of the original documents.  It is logical and facilitates use in litigation support platforms.

Improper unitization – jumbling a bunch of unrelated documents as a single large PDF – is an unsound practice.

As Josh points out, many ediscovery products have the ability to break an improperly unitized document into separate, logical documents.  However, that may require paying a person to make those judgment calls.

Josh cited: Song v. Drenberg, Case No.18-cv-06283-LHK (VKD), at *8-9 (N.D. Cal. Oct. 11, 2019), Venture CorpvBarrett, No. 5:13-cv-03384-PSG, 2014 WL 5305575 at *3 (N.D. Cal. Oct. 16, 2014), and Core Distribution v. Oxgord Inc., No. 2:21-cv-01635-JAK (MAAx), 2021 U.S. Dist. LEXIS 146049, at *6 (C.D. Cal. Aug. 2, 2021).