Predictive Coding

News & Analysis as of

Court Holds that Predictive Coding Does Not Change Discovery Standard (Federal Circuit)

Dynamo Holdings Ltd. P’ship v. Comm’r of Internal Revenue, No. 2685-11, 8393-12, 2016 WL 4204067 (T.C. July 13, 2016) - In this tax case, the respondent sought a motion to compel the petitioners to provide documents...more

Global Predictive Coding: Going for the Gold

This week, athletes from around the globe will gather at the 2016 Summer Olympics to compete for gold medals and present years of hard work and dedication. With the Olympics as a backdrop, there is no better time than to...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

Disclosure in a digital age – How reforms and technology can reduce the costs of disclosure in arbitration and court

Managing the cost of litigation to business remains one of the toughest issues confronting any lawyer today. As the challenge of keeping costs proportionate seemingly gets more difficult by the day, we consider the impact of...more

UK High Court Approves the Use of Predictive Coding in Litigation

Legal technology providers in the UK have a lot to celebrate as the English High Court recently approved the use of predictive coding for disclosure in litigation. The judgment, handed down by Master Matthews in Pyrrho...more

Testing for Junk Science in the Discovery Process

What is the “Daubert” standard supposed to test? Daubert v Merrill Dow Pharmaceuticals, 509 US 579 (1993). Daubert and the Federal Rule of Evidence 702 are intended to allow the court to act as a gatekeeper in keeping...more

Never Second Guess a Second Request

Massive mergers are never a simple matter for organizations and their antitrust attorneys. The Second Request process can be a major burden for merging organizations since it requires that companies review, analyze and...more

Courts Have Nothing But Good Things To Say About Predictive Coding

Predictive coding (also called “technology assisted review” (“TAR”)) involves the use of computerized artificial intelligence to extrapolate from attorney coding of small (and repeated) sample document sets ultimately to...more

UK Court Approves Predictive Coding for First Time (Court of International Trade)

Pyrrho Investments Ltd. V. MWB property Ltd. [2016] EWHC 256 (Ch) - In this breach of fiduciary duty case in the United Kingdom, the parties’ edisclosure — the UK version of ediscovery — was vast, with one backup tape...more

A Q&A with Chris Dale Regarding the UK Pyrrho Predictive Coding Judgment

Why has predictive coding or technology assisted review (TAR) been accepted just now in the courts of England and Wales? I don’t think there is a particular reason why the beginning of 2016 should bring us this...more

Artificial Intelligence in Law: The State of Play 2016 (Part 2)

The first post in this series discussed current developments in Artificial Intelligence (AI) generally and its application to law. In this post, we take a closer look at the AI tools and companies at work in legal research...more

Acceptance of Predictive Coding Spreads to the UK

Following the precedent set by Da Silva Moore1 in 2012, courts across the United States have adopted the use of predictive coding (sometimes referred to as “technology assisted review”) as a means of reducing the time and...more

Explore the Global Expansion of Ediscovery

Ediscovery is in the midst of global change. Even for countries with legal frameworks that don’t require parties to disclose electronic documents, global ediscovery is emerging as a critical component of business and...more

English High Court Approves the Use of Predictive Coding

The English High Court decision of Master Matthews (February 16, 2016) approved the use of predictive coding to satisfy the disclosure requirement under the Civil Procedure Rules (CPR) Part 31. See Pyrrho Investments Ltd v....more

[Webinar] 2015 Year in Review – Ediscovery Case Law & Trends - January 20, 12:00pm CST

Join industry experts from Kroll Ontrack for this webinar to make sure you start the New Year off to a fresh, and educated, start when it comes to ediscovery and technology in the law. ...more

Fall Webinar Line-up: Ediscovery, Second Requests and Antitrust Litigation

Kroll Ontrack recently presented a webinar, Ediscovery Considerations in Second Requests and Antitrust Litigation, detailing the common issues and considerations counsel should keep in mind when dealing with ediscovery in M&A...more

[Webinar] Ediscovery Considerations in Second Requests and Antitrust Litigation - Oct 7th, 1:00pm CST

Although the use of ediscovery technologies in civil litigation document review has been much discussed and debated, its use in merger investigation responses to the FTC or DOJ raises unique issues that are often less...more

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