Predictive Coding

News & Analysis as of

Jason R. Baron of Drinker Biddle & Reath LLP, Part 1: eDiscovery Trends

This is the fifth of the 2017 Legaltech New York (LTNY) Thought Leader Interview series. eDiscovery Daily interviewed several thought leaders at LTNY (aka Legalweek) this year to get their observations regarding trends at...more

I Don’t Mean to Be Critical, But Here are Some Critical Trends: eDiscovery Trends

It must be our week for surveys.  Yesterday, we covered the Complex Discovery Winter 2017 eDiscovery Business Confidence Survey results.  Here’s another set of surveys that look at critical trends for AmLaw 200 law firms and...more

The State of Technology Assisted Review in 2017

The State of Technology Assisted Review in 2017 - It has been almost five years since Judge Andrew Peck of the Southern District of New York first approved the use of technology assisted review (“TAR” or “predictive...more

Wednesday LTNY 2017 Sessions: eDiscovery Trends

As noted yesterday, LegalWeek 2017 – which includes of course the marquee event LegalTech® New York (LTNY) – is happening this week and eDiscovery Daily is here to report about the latest eDiscovery trends being discussed at...more

Looking Back at Predictions That I Made Three Years Ago: eDiscovery Predictions Revisited

Sometimes, in addition to the many other resources that I use to look for blog post ideas, I like to look back at my old posts from the past to see if there’s a topic that warrants a fresh look. When I did that yesterday, I...more

2016 eDiscovery Case Law Year in Review, Part 3

As we noted yesterday and Monday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to...more

E-Discovery Update: To TAR or Not to TAR, That Is the Question

Several years ago, we were told that technology-assisted review (TAR) was the wave of the future and, by now, manual attorney review would likely be a thing of the past. Although TAR has gained some traction, it is not yet...more

What is De-Duplication and How Do I Do It?

When collecting electronically stored information (“ESI”) from multiple custodians (i.e., various individuals/ different sources), there will necessarily be duplicative documents collected in the process. In company-wide...more

Tax Litigation Update – Fall 2016

Tax Court Denies Commissioner’s Motion to Compel After Predictive Coding Used to Identify Responsive Documents - On July 13, 2016, Judge Ronald Buch of the Tax Court denied the Commissioner’s motion to compel Dynamo...more

Efficiency: A Discovery Philosophy, and All You Really Need to Know About Predictive Coding

The main problem with discovery is the cost. In a very small number of truly bet-the-company cases (for example, where the CEO’s emails must be produced) the greater risk can be failing to do discovery perfectly. But 99 times...more

Discovering the future

Technology assisted document review (TAR) has been ordered for the first time in Australia by the Victorian Supreme Court. Given the large number of documents being created every day and the need to deal with cases at...more

2016 E-Discovery Case Law Top Ten List (#2 May Shock You!)

It’s been a year since the Federal Rules of Civil Procedure were amended. Each rule to be changed was examined by panels of discovery experts, who focused on what was working and what was not. That’s why taking a look back on...more

Defendant Not Required to Use Predictive Coding by Court: eDiscovery Case Law

Regardless how the election turned out last night, eDiscovery case law marches on… In the case In re Viagra Products Liability Litigation, 16-02691 (N.D. Cali., Oct. 14, 2016), California Magistrate Judge Sallie Kim,...more

Another Modest Proposal (This Time, About Discovery)

Bexis recently attended the “Emerging Issues in Mass-Tort MDLs Conference” sponsored by Duke Law School (those of us from Philly remember Duke as part of “Black Saturday” back in 1979). Several panels discussed various...more

"The E-Discovery Digest - October 2016"

The fifth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney client privilege and work-product doctrine, spoliation, and discovery responses. Please see...more

Recommind Challenges CAL Patent: eDiscovery Trends

How do you like them apples? After they were the subject of much scrutiny five years ago regarding their attempt to trademark “predictive coding” (only to eventually abandon it), Recommind (now OpenText after they were...more

U.S. Tax Court Gives Strong Boost to Computer-Assisted Review

On July 13, 2016, in Dynamo Holdings Limited P’ship v. Comm’r, the U.S. Tax Court strongly defended the taxpayer’s use of computer-assisted review in a dispute with the IRS. In a 2014 decision in the same case, the Tax Court...more

Pyrrho Investments Ltd v MWB Property Ltd: A Landmark Decision on Predictive Coding in e-Discovery

Anyone engaged or interested in the electronic disclosure process should pay close attention to the landmark decision handed down earlier this year by the English High Court in Pyrrho Investments Ltd v MWB Property Ltd...more

The European, Middle Eastern and African Investigations Review 2016: United Kingdom: handling internal investigations

With so much potentially at stake, the initial steps and strategic decisions taken in any company investigation are critical to setting the tone for a focused, credible and effective inquiry. This is paramount not only for...more

Would a Technology by Any Other Name Smell As Sweet?

What’s in a name? Many of us tend to use terms such as artificial intelligence, technology-assisted review (TAR), and predictive coding interchangeably, because there is no single vocabulary governing the field, particularly...more

Wave of the Future: Or, How I Learned to Streamline the E-Discovery Process from Howard Hughes

In 1935, Howard Hughes built and flew his revolutionary H-1 Racer. At that time, most of the United States’ military aircraft (such as the Curtiss P-6 Hawk) still used the same designs from the previous decade: biplanes with...more

English Court Approves Use of Predictive Coding

The English High Court recently permitted a party to use predictive coding technology in a contested application. Only a few months ago in Pyrrho Investments Ltd and another v MWB Property Ltd and others (2016) EWHC...more

Banking Disputes Quarterly - Q1 May 2016

Welcome to the Q1 2016 edition of our Banking Disputes Quarterly, designed to keep you up to date with the latest news and legal developments and to inform you about future developments that may affect your...more

How to Get Your Law Firm’s Feet Wet with Technology-Assisted Review

Your client wants to start using technology assisted review (TAR) on a new case… fantastic! So now what? There’s been a lot of discussion since the seminal 2012 Da Silva Moore v. Publicis Groupe SA case regarding...more

Court Approves Use Of Predictive Coding In Large Disclosure Exercise

In Pyrrho Investments Ltd & ors v MWB Property Ltd & ors [2016] EWHC 256 (Ch) a Chancery Master has approved the use of “predictive coding” in a large disclosure process involving millions of electronically stored documents....more

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