Predictive Coding

News & Analysis as of

Court Allows Plaintiff to “Switch Horses in Midstream” and Use Predictive Coding (Tennessee)

Bridgestone Americas Inc. v. Int'l Bus. Mach. Corp., No. 3:13-1196, 2014 BL 202049 (M.D. Tenn. July 22, 2014). In this ongoing case, the plaintiff sued the defendant for a $75 million computer system that it claimed...more

Predictive coding after keyword screening!? Don’t miss the point of Bridgestone Americas

Magistrate Judge Joe B. Brown’s recent order permitting predictive coding in Bridgestone Americas v. International Business Machines Corporation has received a lot of attention because it allowed the use of predictive coding...more

In ESI Discovery: Are keywords, concepts and other searches simply antiques?

The discovery of electronically stored information (ESI) is loaded with potential pitfalls and failure unless the parties add two components to the mix: cooperation and collaboration. Lacking those components, ESI discovery,...more

How Not to Thwart the Progress of Technology-Assisted Review

Recent case law has shown strong support for the use of technology-assisted review (TAR): its accuracy and efficiency have been praised by judges and parties alike. However, despite her approval of the process as a “far more...more

Are You Facing the Prospect of a Merger Investigation?

If your organization is facing the prospect of a merger investigation and your lawyers haven’t raised the prospect of technology-assisted document review (“TAR”), then maybe you should be talking with someone...more

A Valentine to Proponents of Technology-Assisted Review

On February 14, 2014, U.S. District Judge Denise Cote of the Southern District of New York became the latest judge to acknowledge that the results of technology-assisted review (TAR) need not be perfect to be defensible in...more

EDiscovery Custodial Collection — Cooperate, Communicate and Collaborate

In any document search allowing defendants’ custodians to conduct their own searches is much like allowing the fox to guard the henhouse. Even focused and disciplined custodial collections can be fraught with problems....more

E-Discovery Under the Minnesota Rules: Where We've Been, Where We Might Be Headed

This article reviews the history of discovery in Minnesota practice under the Minnesota Rules of Civil Procedure, analyzes the place of electronic discovery in Minnesota today, and attempts to predict how the courts may deal...more

Court Endorses Use of Predictive Coding (New York)

Fed. Hous. Fin. Agency v. HSBC, 2014 WL 584300 (S.D.N.Y. Feb. 14, 2014). In this housing case, the plaintiff, which regulates Fannie Mae and Freddie Mac, sued 18 banks, over misrepresenting the quality of mortgage...more

Predictive Coding Semantics: Step out of the Rain!

A few years ago, we wrote about predictive coding going mainstream; shortly thereafter we wrote a series debunking the most common myths about predictive coding; then, we even went so far as to break down predictive coding...more

Disclosure of Seed Sets: Required to Cooperate or Protected as Attorney Work Product?

The reliability and accuracy of the predictive coding process depends heavily on the identity of the documents in the seed set (including documents deemed irrelevant), because the seed set is the primary source used to teach...more

Twenty-Five Percent Fewer Eyes on Each Project From 2010-2012: A Sign of the Times?

Staying ahead of the curve is everything in ediscovery, and the ediscovery.com Pulse is generating all kinds of buzz amongst lawyers and practitioners looking to improve their output. About a month ago, nearly 150 Legal Tech...more

Ediscovery Portfolio Tracking: Don’t Fall Asleep at the Wheel!

As we’ve stated before, many organizations and law firms spend a significant amount of time and money creating and recreating the ediscovery process as each case arises. Thankfully, the multi-matter management approach (also...more

Human or Technology Assisted: Imperfect Review Can Still be Defensible (SDNY)

It’s a common refrain that, while courts have allowed the use of technology assisted review, no court has yet blessed the outcome of an imperfect technology assisted review process over the objection of another party. But...more

Trekking Through LegalTech: Day Two

While the snow and ice could have put a serious damper on day two’s events at LTNY 2014, it soon became clear that attendees were willing to brave the elements when the first keynote of the day went ‘standing room only.’ But...more

E-Discovery Costs Related Specifically to Production Recoverable - CBT Flint Partners, LLC v. Return Path, Inc.

Applying U.S. Court of Appeals for the Eleventh Circuit law and addressing whether e-discovery costs are recoverable under 28 U.S.C. § 1920(4), the U.S. Court of Appeals for the Federal Circuit reversed in part, vacated in...more

5 eDiscovery Trends to Watch in 2014

For a new year perspective, we asked the team at Kroll Ontrack what they considered as trends to watch in eDiscovery in 2014. Here's what we heard back...more

E-Discovery in 2013 – Waiting for Godot, Closing Kimonos, and Your World Doesn’t Just Seem Bigger

In some respects, 2013 seemed like a conversation between Vladimir and Estragon. Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in general, and affected...more

My (Google) Hangout with the Ediscovery Experts

What happens when seven of the smartest, most articulate ediscovery professionals come together for an hour talk about—quite frankly—whatever they want? Just yesterday Josh Gilliland, Samir Mathur, Barry Murphy, Ralph...more

Top 5 Ediscovery Case Summaries - December 2013: California: Court Finds “Triangulation” Approach to Ediscovery “Reasonable”—to...

Banas v. Volcano, 2013 WL 5513246 (N.D. Cal. Oct. 4, 2013). In this search dispute, the defendants unilaterally adopted a “triangulation” approach to identifying ESI responsive to the plaintiffs’ requests for...more

Legal Alert: FINRA Announces Effective Date for Discovery Guide Amendments and Provides Insight on Current Initiatives and Trends...

In its just-issued Regulatory Notice 13-40, the Financial Industry Regulatory Authority (FINRA) announced that the Discovery Guide Amendments recently approved by the U.S. Securities and Exchange Commission (SEC) will become...more

Top 5 Ediscovery Case Summaries - November 2013: Puerto Rico: Court Extends Duty to Preserve to Personal Email Accounts, Denies...

P.R. Tel. Co. v. San Juan Cable LLC, 2013 WL 5533711 (D.P.R. Oct. 7, 2013). In this antitrust case, the plaintiff sought an adverse inference instruction against the defendants, who allegedly failed to preserve...more

Proposed eDiscovery Rule Would Bring Relief from Specter of Sanctions

The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery...more

Top 5 Ediscovery Case Summaries - November 2013: Illinois: In the Seventh Circuit, the Duty to Preserve is Triggered When Party...

In re Pradaxa (Dabigatran Etexilate) Prods. Liab. Litig., 2013 WL 5377164 (S.D. Ill. Sept. 25, 2013). In this multidistrict product liability litigation, the Plaintiffs’ Steering Committee (PSC) sought to compel...more

Top 5 Ediscovery Case Summaries - November 2013: North Carolina: Court Finds Searchable PDFs Sufficient, Denies Request for Native...

Westdale Recap Props v. NP/I & G Wakefield Commons, LLC, 2013 WL 5424844 (E.D.N.C. Sept. 26, 2013). In this real estate case, the plaintiffs motioned to compel the defendants to respond further to their requests for...more

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