Technology-Assisted Review

News & Analysis as of

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

Cybersecurity Is Not Just an IT Issue; It’s an IG Issue

For leaders and counsel in many organizations, the word “cybersecurity” typically triggers concerns about the IT department, conjuring images of hackers and requiring unfamiliar terminology such as “firewalls” and...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

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

Ediscovery Year(s) in Review: The Bigger Picture from 2008—2013

While there is significant value in knowing the latest trends in ediscovery case law, I’m reminded of one of my favorite law school professors who always stressed that I try to see the forest for the trees. In other words,...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

ESI & Electronic Discovery - October 3, 2013

The emergence of mid-size firms outside the major metropolitan areas as players in the Ediscovery market is coming. Clients who are tired of soaring document hosting and review costs associated with Big Data will appreciate...more

Audit Log Discovery As A Feature Of The Electronic Medical Record

The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to...more

Bring Your Geek to the Supreme Court Day Cancelled for Lack of Interest

Magistrate Judge Andrew J. Peck has observed that judicial understanding and resolution of ediscovery disputes can benefit from “bring your geek to court day” — where those knowledgeable about ESI issues in a case participate...more

The EDRM’s New Computer Assisted Review Reference Model: Explained

Last month I was invited by the EDRM to take part in their webinar on the Computer Assisted Review Reference Model (CARRM). I was joined by three esteemed Technology Assisted Review experts: George Socha, EDRM, Herbert...more

The CARRM: Beyond the Test-Drive

Whichever name you give it – predictive coding, computer assisted review (CAR), or technology-assisted review (TAR) – predictive coding is an amazing tool in the field of ediscovery....more

How to Cut Ediscovery Costs

In today’s world of electronically stored information (“ESI”), it is increasingly costly to preserve, identify and collect data for discovery – let alone analyze, review and create a production....more

The Evolution of Technology in Litigation Document Discovery

It is widely recognized that one of the most expensive aspects of complex litigation is the electronic discovery (“e-discovery”) phase of the case. This process involves exchanging documents and other information in...more

Top 5 Ediscovery Case Summaries – August 2013: California - Court Declines to Rule on Discovery Dispute until Parties Meet and...

AMEC Env't & Infrastructure, Inc. v. Geosyntec Consultants, Inc., 2013 WL 3923459 (N.D. Cal. July 26, 2013) In this discovery dispute, the plaintiff, AMEC, claims that the defendants’ ediscovery search terms were not...more

Stoking a Dead Fire: Da Silva Moore Plaintiffs File Petition for Writ of Certiorari

As reported first by Victor Li, a reporter at Law Technology News, the plaintiffs in Da Silva Moore are at it again—this time with a cert petition to the U.S. Supreme Court. In their petition, the plaintiffs contend that...more

Fun Ediscovery Facts You Never Knew

News Flash! Ediscovery is pretty fast-paced—thank goodness—lest we all end up with antiquated, unworkable rules and nothing fun to write about. Test your knowledge of the origins of ediscovery, with these fun ediscovery...more

Top 5 Ediscovery Case Summaries – July 2013: New York - Minimal Court Oversight Required for Predictive Coding Protocol

Gordon v. Kaleida Health, 2013 WL 2250579 (W.D.N.Y. May 21, 2013). In this action brought under the Fair Labor Standards Act, the plaintiffs motioned for a court order requiring the parties to meet and confer on the...more

Top 5 Ediscovery Case Summaries – May 2013: 2nd Circuit - Da Silva Moore Drama Dissipates

Da Silva Moore v. Publicis Groupe SA, 12-5020 (2d Cir. Apr. 10, 2013). In an order of notable brevity, Judge Jane A. Restani denied the petitioners’ request for the recusal of Judge Andrew J. Peck, stating simply that:...more

Deploying Trainers in Technology-assisted Review (TAR) without “Spoiling the Broth”

Leaving little room for interpretation, the court in Coquina Investments v. Rothstein, stated that the defendants’ litany of ediscovery project management pitfalls (which involved over 200 attorneys across two firms)...more

Math and Statistics for Ediscovery Lawyers Using Technology-assisted Review (TAR)

Legal professionals learn a lot of complicated concepts and principles through education and/or practice… but they usually don’t have much—or anything—to do with math or statistics....more

What US Legal Ediscovery Professionals Can Learn from the New UK Rules of Civil Procedure

In the last year, Americans have had a great deal of exposure to our British ally across the pond: we caught glimpses of the Queen’s Diamond Jubilee, we were awed by the London Olympics, and don’t even get us started about...more

23 Results
|
View per page
Page: of 1