Essays

The value promise of ‘black box’ predictive coding or ‘Easy Button’ review gets marketing departments all excited. So excited that eDJ was inundated with copies of the hearing transcript and opinion of Da Silva Moore v. Publicis Groupe & MSL Group, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Feb. 24, 2012) along with their interpretations on how this changed the ground rules of eDiscovery. Marketing departments can spin a mountain out of a mole hill. In his final order, Judge Peck pushed back, “To correct the many blogs about this case, initiated by a press release from plaintiffs' vendor – the Court did not order the parties to use predictive coding. The parties had agreed to defendants' use of it, but had disputes over the scope and implementation, which the Court ruled on, thus accepting the use of computer-assisted review in this lawsuit.” Check out Mikki Tomlinson’s interviews with Judge Peck or Conor Crowley’s excellent legal summary for more practical interpretations. The arguments over how you know when your predictive training are ‘good enough’ are worth dissecting. eDJ has been researching the methods of technology assisted review, so I thought it worth extracting some of these key points. Remember that even the vendor experts in this case are representing their technology. Preliminary raw hearing transcripts rarely released to the public and I wonder if the parties are as happy as their vendors about all the publicity. This is a nice glimpse into the fray before the dust has settled on technology assisted review.

Migrated from eDJGroupInc.com. Author: Lynn Frances Jae. Published: 2012-03-07 15:07:46  

Migrated from eDJGroupInc.com. Author: Greg Harris. Published: 2012-03-08 09:00:02  The following article is based on notes taken during The Cowen Group’s Signature Dinner hosted in Atlanta on March 1, 2012.The guest list for the evening included sixteen professionals with responsibilities ranging from an eDiscovery technologist and an Enterprise Architect to a Vice President of Security Compliance and a College Professor.  Some of the industries [...]

Migrated from eDJGroupInc.com. Author: Steve Markey. Published: 2012-03-12 09:00:47  The topic of assimilating one’s electronic content/document management (ECM/EDM) solution into the organization’s eDiscovery strategy came up the other day while working with one of my financial services clients, so I thought I would share some insight.  This topic came up while sitting down with IT, Compliance, and Operations to discuss implementing Microsoft’s SharePoint into [...]

Migrated from eDJGroupInc.com. Author: Amber Scorah. Published: 2012-03-13 09:00:11  The paradigm of review is changing.  Predictive coding has made a huge impact in the e-discovery and document review world.  In this interview, I speak with Jeff Nadalo, Litigation Counsel at TransCanada Pipeline.  He helps cut through all the marketing jargon to give an understanding of the technical and realistic implications of predictive coding, and how it can [...]

There are some that believe social media is replacing email. In reality, it will take time for social media adoption to occur and for everyone to abandon email – lots of time perhaps. As companies transition and begin to leverage social media, there is the opportunity to avoid the mistakes made in the email generation. One thing is clear: companies that dive into social media without the right policies and solutions to govern usage will encounter information governance and eDiscovery nightmares down the road.

Migrated from eDJGroupInc.com. Author: Chuck Rothman. Published: 2012-03-14 08:00:27  Anyone who has read about e-Discovery in the past year has almost certainly come across the term “Predictive Coding” or one of its aliases. As exemplified by the number of seminars and vendor’s banners at Legal Tech in New York this past month, it’s definitely this year’s e-Discovery craze.However, like most technology trends, the term [...]

Thanks to all who attended our technology-assisted review (TAR) for eDiscovery webinar. There was a great turnout and our guests – Chuck Rothman of Wortzman Nickle and Thomas Gricks of Schnader, Harrison, Segal & Lewis – offered valuable insights on how to use TAR and get value from it. Chuck also contributed an article to eDiscoveryJournal this week on what predictive coding really is. Chuck’s article title points out the confusion in the market about what different terms actually mean.

Migrated from eDJGroupInc.com. Author: Greg Harris. Published: 2012-03-16 09:00:05  The following article is based on notes taken during The Cowen Group’s Leadership Breakfast hosted in Atlanta on March 2, 2012.The guest list for the morning event included forty professionals with responsibilities ranging from Litigation Support staff and eDiscovery Technologists to Staff Attorneys and Partners in large law firms.   Some of the industries represented in [...]

One of the bright points of designing the new eDJ Matrix has been our analyst sessions over what functionality is required for software and services to qualify for our market categories. It may sound geeky to you, but I have grumbled over ‘waves’ and ‘squares’ that were real apple-orange comparisons too many times. I want to get this right in our next big release. The ‘eDiscovery Platform’ was a prominent theme at LTNY 2012, but what do providers mean when they call their software a ‘platform’. They want to give buyers the impression that they cover the entire eDiscovery lifecycle, generally by showing the EDRM diagram covered by their software logo. As nice as that sounds, no one covers document creation through trial presentation in one program, NO ONE. But a more realistic corporate eDiscovery platform seems to be attainable. We spoke with the litigation and compliance team at Autodesk about their selection of Symantec’s Clearwell software.