Predictive Coding

News & Analysis as of

LegalTech 2015 — Not so much collaboration, cooperation or transparency

I attended LegalTech 2015 this year in New York. It was a great seminar and another well done project by ALM. One wrinkle, though....more

Planning for E-Discovery

Federal courts in California have developed new rules and guidelines. The rules of civil procedure are supposed to be "construed and administered to secure the just, speedy, and inexpensive determination of every action...more

2014 E-Discovery Year in Review - "Courts continued in 2014 to endorse the use of technology to improve the efficiency and...

2014 demonstrated that management and discovery of electronic information continues to be a challenging issue in litigation. A review of 2014 court decisions also underscores the importance of litigation hold notices,...more

Ediscovery Resolutions for the New Year!

As one year ends and a new one begins it’s an excellent time to take stock of our lives. Traditionally, the turn of a new year is accompanied by reflections on past accomplishments and resolutions and goals for the coming...more

Predictive Coding Slowly Becoming a Game Changer

Two Years After Da Silva Moore - In 2012, Magistrate Judge Andrew Peck of the Southern District of New York approved the use of predictive coding (also called “technology assisted review” or “TAR”) in Da Silva Moore v....more

2014 Ediscovery Trends: Survey Results

With about four weeks remaining in the year, let the “2014 reflections” bombardment begin! You know what I am talking about — the close of the calendar year prompts oodles of nostalgic news stories recalling the biggest...more

E-Discovery Cases — Herding Cats would be easier

Two disturbing cases for different, but similar reasons. When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to...more

E-discovery Is Hard

Catchy blog titles are usually hard too, but not this one. Discovery of electronically stored information (“ESI”) is just plain difficult. If you are lucky, it does not come up in your case at all. Or, the parties agree that...more

Predictive Coding Sanctioned as an "Expedited and Efficient" Discovery Method by the United States Tax Court

The volume of electronically stored information (“ESI”) has exploded, often making discovery prohibitively expensive. Supporters of “predictive coding” champion it as a way to reduce significantly the cost of discovery....more

Court Allows Use of Predictive Coding, but Says It Shouldn’t Have To (Texas)

Dynamo Holdings v. Comm’r, Nos. 2685-11, 8393-12, 2014 U.S. Tax Ct. LEXIS 40 (U.S. Tax Sept. 17, 2014). In this tax law case, the defendant requested the plaintiff produce two backup storage tapes. The plaintiff...more

Focus on Tax Controversy - Fall 2014

Supreme Court to Hear Tax Injunction Act Case - On August 20, 2013, in Direct Marketing Association v. Brohl, the U.S. Court of Appeals for the Tenth Circuit held that the federal Tax Injunction Act (TIA) prohibited...more

"Cost-Efficient Alternatives for Document Production Gaining Traction"

Tax controversies often involve voluminous document production and extensive privilege logs from multiple parties. The privilege issues can be complex and involve advice from multiple advisers potentially covering several...more

Legal Alert: The Tax Court Approves the Use of Predictive Coding

On September 17, the U.S. Tax Court, in Dynamo Holdings LP v. Commissioner, 143 T.C. No. 9 (Sept. 17, 2014), held that a taxpayer could use predictive coding, over the objection of the Internal Revenue Service (IRS), to...more

Harsh & Costly Lesson from Unilateral Use of E-Discovery Tools

As technological developments have greatly expanded the world of available information, the cost of harvesting electronically stored information (ESI) has risen exponentially. In recent years however, technology has also...more

Tax Court Approves Use of Predictive Coding During ESI Discovery

On September 17, 2014, the U.S. Tax Court issued its first opinion regarding the discovery of electronically stored information (ESI). In Dynamo Holdings, Ltd. vs. Commissioner, 143 T.C. No. 9 (Sept. 17, 2014), the Tax Court...more

Reasonableness and Proportionality Win Another Fight for Predictive Coding

On July 22, 2014, Judge Joe B. Brown issued a discovery order in Bridgestone Americas, Inc. v. Int’l Bus. Machines Corp. (Case No. 3:13-1196 M.D. Tenn.), in the plaintiff’s favor, allowing the use of predictive coding to...more

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

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