Posts Tagged ‘Technology Assisted Review’
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- May 8th
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Partial Recall: Why Lawyers Can’t Have (And Really Don’t Need) All Relevant Documents – Part II
This is the continuation of my article from last week entitled “Partial Recall: Why Lawyers Can’t Have (And Really Don’t Need) All Relevant Documents” I find it exceptional the Court found it reasonable and proportional for Biomet to follow eDiscovery procedures predicted to result in the production of only 40% of the relevant documents (40% recall)—a number that might make some attorneys and judges cringe. I don’t know of any other case that has so clearly approved of such a low recall value. And I think the Court was right to do so. For one thing, studies show that even using the best information retrieval technologies at extraordinary expense, recall in many cases doesn’t reach much higher than 70%. Perfection or near-perfection are not even options. Additionally, historical eDiscovery practices have likely resulted in significantly lower recall values. As many [...]
posted at 9:00am on May 8th
- May 7th
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Big Data and Ediscovery
There’s been a lot of talk about how leveraging Big Data in eDiscovery is going to revolutionize the industry. And in many ways this trend will almost certainly prove to be true. But sometimes the vendors pushing these tools can put the cart ahead of the horse. Unfortunately, learning valuable insights from Big Data is [...]
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posted at 2:41pm on May 7th
- May 2nd
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Partial Recall: Why Lawyers Can’t Have (And Really Don’t Need) All Relevant Documents – Part I
I can’t recall how many times I’ve received demands from opposing counsel for “all” relevant documents in my client’s possession. Indeed, many court opinions support such an entitlement. Yet countless studies (Blair and Maron, TREC, etc.) show that even the best information retrieval technologies and practices fall well short of perfection. Courts have begun to recognize the impossibility of perfection in eDiscovery, though many still seem reluctant to depart too far from an expectation of perfection. But in a freshly released opinion arising in the context of a multi-district litigation, Judge Robert L. Miller, Jr. of the Northern District of Indiana ventures further than other courts, recognizing that parties may satisfy their discovery obligations under the Federal Rules even with productions that fall well short of total recall. Below, I summarize the opinion and explore the implications of imperfection in [...]
posted at 9:00am on May 2nd
- May 1st
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UK judges and predictive coding – open to any proportionate suggestion
Charles Christian’s Legal IT Insider has been hosting a discussion about the likely reaction of case managing judges to the proposed use of technology like predictive coding. The starting point is a thoughtful article by Drew Lewis, eDiscovery Co…
posted at 7:02am on May 1st
- April 30th
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DUKE Conference on TAR – The Experts Convene
On April 19th, 60 invited delegates convened on Washington, DC to discuss with the Federal Rules Committee to discuss Technology Assisted Review. The object of the meeting was to have the delegates give their perspectives on whether the Rules currently being readied for public comment should incorporate changes that take into account the unique needs of TAR. My overall conclusion is that the Duke Conference was an outstanding event and it went along way to show that attorneys need more transparency when using TAR or it becomes very hard to effectively cooperate.
posted at 9:00am on Apr 30th
- April 4th
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eDiscoveryJournal’s First Boot Camp and Continued Growth
Sometimes I feel truly blessed to be working with an amazing team of people at the eDiscoveryJournal. Over the past year, many people told me that they wanted a new a new type of educational experience as compared to the big box events with the standard talking heads. From this feedback, the eDJ team came up with the concept of doing a half-day boot camp series that focuses on the tactical aspects of a specific topic. During these events the attendees from corporations and law firms would be in the trenches with experienced professionals getting pragmatic advice (plus you get CLE credits). We held our first bootcamp on April 2 (Happy Birthday, Dad) in Los Angeles where eDJ Analyst Greg Buckles led on the topic of Bring Your Own Device (BYOD) and Mobile Forensics. The feedback from the event was [...]
posted at 11:09am on Apr 4th
- April 1st
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Google Glass and Prophetic Coding
Several eDiscoveryJournal readers have emailed us asking when we are going to write about last week’s announcement by eDiscovery software developer, eDocBadger, of their newest TAR enabled application, SeedSense, for Google Glass™. SeedSense made a huge splash last week, as a finalist in Google’s Glass Explorers program (#ifIhadglass), and many prophectic coding experts have already started opining about its potential impact on review work flows. The eDocBadger development team gave eDJ a chance to take their app on a spin with two loaner pairs of the wearable display devices. The glasses, running on gOSviii, were loaded with SeedSense 1.3, still in beta, which integrates a third-party prophetic coding engine with an SQL-based review platform to speed responsive and privileged review of ESI. eDocBadger’s Chief Scientist described the application’s workflow: In step 1, SeedSense harvests the essential issues in the case [...]
posted at 10:59am on Apr 1st
- February 26th
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eDiscoveryJournal Announces 2013 Boot Camp Program
Since the eDiscoveyJournal’s beginnings, education has been a topic of conversation that has consistently come up internally and with our clients. As we began asking more questions about this subject, such as what people like and don’t like about the educational events in the industry, we started to imagine a program that would not only address some of the areas that are lacking in the industry, but would also be complementary to the events that are already available. So today, I’m very happy to announce the official launch of the eDiscoveryJournal Boot Camps. Led by an eDJ Analyst and two to three guest speakers, these half-day, intimate, educational, CLE programs will be limited to 70 attendees and will focus on a singular topic that is a current pain point in the legal industry today. Registration is only open to eDiscovery [...]
posted at 9:43am on Feb 26th
- February 25th
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eDiscoveryJournal Profile Series: Kerry-Ann Reid-Brown, Outten & Golden Litigation Support Coordinator
I wanted to kick off the eDiscoveryJournal Profile Series by interviewing someone working in the eDiscovery trenches: Kerry-Ann Reid-Brown is the Litigation Support Coordinator of Outten & Golden LLP, a Plaintiffs’ firm specializing in employment law. Kerry-Ann and O&G are getting a lot done with a lean head-count by empowering the whole firm, embracing Technology Assisted Review “TAR”, and partnering with vendors. Ms. Reid-Brown joined Outten & Golden at the completion of a recruiting process whose goal was to fill the roles of both paralegal and litigation support manager with one person as litigation support coordinator. Also, just prior to bringing Kerry-Ann on board, the firm created an eDiscovery Task Force because while the firm felt secure that it was a recognized leader in employment law it wanted to be known for reaching equally high standards in eDiscovery management. In [...]
posted at 11:38am on Feb 25th
- February 11th
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Global Aerospace Case Highlights Need For Predictive Coding Education
At least a dozen friends have inquired about my health after the big push of Global Aerospace news came out last week, since there were no blog posts by me. As a participant in the case, I figured it was more important to let others weigh in on the significance of this decision as a precedent that predictive coding can be defended in a court. The verdict came despite fierce opposition by a very well respected, (and deservedly so I might add), Amlaw 20 law firm which ultimately settled the case after the judge issued his order allowing the use of predictive coding. It is also worth mentioning that Judge Chamberlin was an unknown quantity going in, unlike Judge Peck in Da Silva Moore. As many of you know, Judge Peck had been embracing and educating lawyers and judges on [...]
posted at 9:00am on Feb 11th