Technology-Assisted Review

News & Analysis as of

TAR Preferred, Keywords Acceptable – Focus on Defensible Process!

It’s hard not to feel a bit embarrassed for all the bloggers who await, and write about, nearly everything Magistrate Judge Andrew Peck (S.D.N.Y.) writes about the search for and production of electronically stored...more

E-Discovery Search Methodology Cannot Be Forced Upon Producing Party

Action Item: Companies and individuals involved in litigation that includes e-discovery, should be aware of a decision last week by Magistrate Andrew J. Peck, whose e-discovery decisions are well-regarded in the legal...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

Relativity Certifications—Helping You Learn the Lingo

For Relativity gurus, making sense of kCura’s certification system is likely no sweat. However, for ediscovery outsiders or legal/IT professionals new to Relativity, all of the classes, tests and designations are a bit...more

Elevating the role of the in-house counsel

Premise: The role of in-house counsel has evolved and status has been elevated. Expectations have been raised by the C-Suite. The department must be managed like other business units, with adherence to budget, performance...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

I Spy the Relevant Data: Using Analytics to Accelerate eDiscovery for Second Requests

Pikachu, Wartortle, Ivysaur, Rattata—can you catch ‘em all? With Pokémon Go, the current augmented reality app craze, your goal is to search for and capture these virtual monsters that pop up in various places using your...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

6 Steps for Complying with the DOJ’s FCPA Pilot Program

On May 19, we outlined the contours of the new pilot program for the voluntary disclosure of Foreign Corrupt Practice Act (FCPA) violations, which is part of the newly released FCPA Enforcement Plan and Guidance from the...more

How Analytics Can Boost eDiscovery And Help You Protect Your Brand

Your company, a global pharmaceutical manufacturer, has just introduced a new drug to the market. Shortly after, you learn that a government agency is launching an investigation into alleged deceptive marketing practices to...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

Have More TAR with Your Tea and Crumpets, Please

In February, we wrote about Pyrrho Investments Ltd. v. MWB Property Ltd., a case before the High Court of Justice—Chancery Division, in which the parties had agreed to use technology-assisted review (TAR) as their document...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

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

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

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

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

Have Some TAR With Your Tea and Crumpets

And then there were three. As of this week, the UK has now joined the United States and Ireland as jurisdictions with judicial decisions supporting the use of technology-assisted review (TAR). In Pyrrho Investments...more

Our 2016 Resolutions for eDiscovery, Part 2

Last week, we discussed four eDiscovery resolutions that counsel should make as they kick off 2016. In this blog, we offer four more pearls of wisdom for counsel to consider as they tackle the New Year....more

Finding the Smoking Gun: 4 Search Tips for Quickly Finding Relevant Documents

In a recent survey conducted by Exterro, 39% (the largest group of respondents) said that searching through large amounts of data was the biggest obstacle they face in locating responsive data. To help legal professionals...more

Merger Guidance Nine Years in the Making From the FTC

Earlier this month, the Bureau of Competition of the U.S. Federal Trade Commission (FTC) offered updated guidance for merger investigations—the first time it has done so in nine years. Although the Department of Justice’s...more

Embracing the Upside of Technology Assisted Review (TAR) in E-Discovery

It was not terribly long ago that electronically stored information (ESI) collection and subsequent review looked a lot like this: gather up printed emails, scan them into the system with optical character recognition (OCR)...more

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