Migrated from eDJGroupInc.com. Author: Barry Murphy. Published: 2013-02-27 09:00:16  Yesterday, Marilyn Gladden introduced the eDiscoveryJournal Boot Camp Program. We are excited to bring pragmatic, in-depth, and actionable advice to eDiscovery professionals in an intimate environment.  The current boot camp series covers some great topics:  selecting an eDiscovery service provider; BYOD and mobile forensics; Legal Hold; and Predictive Coding.  In this article, I would like to go a bit deeper into the Predictive Coding Boot Camps (quick reminder:  as with all eDJ Boot Camps, registration is only open to eDiscovery and information governance professionals working in corporations, law firms, and government agencies (the folks dealing with these issues on-the-ground and in-the-trenches).First, I am excited to be partnering with Karl Schieneman, President of Review Less and an adjunct Analyst here at eDJ, to bring some much-needed Predictive Coding education to the market.  Karl is a perfect partner here – he has a ton of on-the-ground experience with Predictive Coding and was the expert witness in the recent Global Aerospace case.  When we put Karl together with eDJ’s research, a wonderful agenda for a boot camp emerged.Technology-assisted review (TAR) and Predictive Coding have been all the rage in the legal press over the past year, but aside from a few ground-breaking decisions, actual usage has greatly lagged despite the buzz.  The most pressing barrier on adopting TAR is likely the lack of detailed education on how to actually use TAR.  Given the success of the Global Aerospace case, where TAR was used and the results and use of the tool were defended, it can now be said that the use of TAR can be achieved to both sharply reduce the costs of electronic discovery and to speed up discovery, even if the other side objects to its use. Taking that into account, this boot camp combines several unique attributes to assist in educating its participants:

  • Access to judicial thought leaders and their perspectives on why TAR makes sense for lawyers to consider using.
  • Targeted survey data on the use of TAR and other document review techniques.  Much of this data is only available by subscription through eDJ, but portions of it will be included in the materials for attendees. Find out what the industry seems to be doing and benchmark your workflow to these results.  No other CLE programs cover this type of material.
  • Experienced TAR users leading the workshops.  Hear from the pioneers who are using these tools, why they use them and how they win their fights over validation on what the black box says is responsive.
  • Live testing on key concepts will be presented, providing feedback on what was learned by the attendee.

Currently, there are four Predictive Coding Boot Camps scheduled:

You can click on any of the above locations for a registration link.  Attendance is only $150 and the boot camps are CLE eligible.  Following is a complete agenda.  Each of these boot camps consists of three modules:Module #1: Judicial Roundtable – a Q & A session involving some of the leading judges in electronic discovery and local judges if available to provide insights into how courts respond to technology such as predictive coding.  Issues we will focus on include:

  • Getting a Courts Approval and what role does cooperation play
  • How to validate results – what is good enough?
  • Do the rules require perfection?
  • Does using technology for review require a Daubert hearing?
  • The ethical obligation of lawyers to become familiar with new technology.
  • What needs to be shared with the other side.
  • Employing a special master to speed the process along.

The objective of the roundtable is to provide attendees with a sense how receptive judges are to predictive coding and what hurdles they expect to encounter.  It gives attendees a chance to ask judges questions on these topics.  There will be a mix of in-person judges and judges dialing in remotely for Q&A.  Some of the confirmed judges (there will be about three judges per boot camp) are:

  • Federal District Court Judge Paul Grimm, MD
  • Federal District Court Judge Joy Conti, W.D. of PA
  • U.S. Magistrate Judge Andrew Peck, S.D. of NY
  • U.S. Magistrate Judge John Facciola, District of Columbia
  • U.S. Magistrate Judge Frank Maas, S.D. of NY
  • Federal District Court Judge Nora Barry Fischer, W.D. of PA.

Module #2: Lifting the Covers Off of Predictive Coding – a comprehensive overview of predictive coding including:

  • Benchmarking Data on Document Review and the use of Predictive Coding.
  • What are the early adopters doing?
  • Case studies, workflows, pros and cons of different approaches

The objective of this module is to provide attendees with a sense of what they can and should be able to accomplish with a predictive coding project and the major differences between tools.  Where is predictive coding being used today?  What is the possible ROI when using predictive?  What are the issues associated with using predictive coding?  After this module, participants will be able to actively converse about predictive codingModule #3: Validating Predictive Coding Results – how to fight to support your results and how to use cooperation principles to move the process of TAR along.This module will focus on how to know when you are done and how to avoid ending up in a cooperation nightmare.  We will cover setting statistical goals, sampling and training as an iterative loop until the goals appear to be met, and then doing validation tests.  This session will also look at different types of validation from the common sense approach to statistical belts and suspenders.If you have any questions about these boot camps or would like to see one in a city closer to you, please email Marilyn Gladden here at eDJ.  In addition, we can also deliver customized boot camps that include the following optional modules:

  • Legal Proficiency with Technology
  • When Not to use Predictive Coding
  • Linking Collection and Processing to Predictive Coding

Again, feel free please email Marilyn Gladden for more information on how customized boot camps will work.eDiscoveryJournal Contributor and eDJ Group Lead Analyst – Barry Murphy

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