News & Analysis as of

Predictive Coding

Womble Bond Dickinson

Consumer-Side TCPA Comments Reviewed: CFPB Respectful, Consumer Action Aggressive, Cunningham and Moskowitz Taciturn in their...

by Womble Bond Dickinson on

With the FCC’s comment deadline now behind us–it was June 13, 2018–we here at TCPAland have begun the process of reviewing the comments submitted to the FCC to share whatever nuggets of wisdom we can glean. The review...more

Zapproved LLC

What is Microsoft® Office 365®?

by Zapproved LLC on

Understanding how Office 365 fits into your ediscovery workflow - Office 365 is Microsoft’s familiar Office suite, hosted in the cloud. In addition to Microsoft’s ubiquitous Word and Excel programs, Office 365 also...more

Exterro, Inc.

Learning from E-Discovery's Past to Understand Its Future

by Exterro, Inc. on

The practice of e-discovery takes place in the interesting intersection between the law and technology. Spending a moment thinking about these two large forces that play a significant role shaping society, it would be easy to...more

Womble Bond Dickinson

It Just Got Real: Simultaneous House and Senate Bills Introduced to Expand TCPA’s ATDS Definition to Stop Robocalls Made From...

by Womble Bond Dickinson on

And then there were two. As we reported a few weeks back, Congressman Pallone–who has been deftly dodging our interview requests–recently circulated a discussion draft bill called the “Stopping Bad Robocalls Act.” (Maybe...more

Womble Bond Dickinson

Next Episode in Post-ACA Int’l ATDS Saga: Court Holds LiveVox Manual Clicker Application Not an ATDS Based on FCC’s 2003...

by Womble Bond Dickinson on

The post-ACA Int’l rulings on ATDS functionality continue to pile up at a clip of about one new ruling every 1-2 weeks. The newest in the series is last week’s ruling out of the Northern District of Georgia – Maddox v. Cbe...more

Womble Bond Dickinson

TCPALand After Dark: FCC Seeks Comment on Two Obscure TCPA Petitions that Could Change Everything

by Womble Bond Dickinson on

The FCC is up to something. As we’ve now thoroughly reported, the FCC is seeking public comment on the scope and architecture of the TCPA following the ACA Int’l petition. Those who listen to our podcast know that the...more

Kilpatrick Townsend & Stockton LLP

Technology Assisted Review: Or, How I Stopped Worrying and Learned to Love a Computer Program (PART TWO)

PART TWO: This is part two of a series on my journey to appreciating TAR. Part one addressed defined TAR, described how it worked and provided tips on when you should consider using TAR. Part two addresses the TAR process,...more

CloudNine

eDiscovery for the Rest of Us: eDiscovery Best Practices, Part Four

by CloudNine on

...In 2016, Craig Ball revisited the Edna challenge with a new set of parameters and a panel at the annual ILTA conference on which I was privileged to be a participant. The panel sought what Craig called “… a re-examination...more

Womble Bond Dickinson

The Saga Continues: Fourth Post-ACA Int’l Case on ATDS Functionality Holds FCC’s 2003 Ruling “Still Stands”

by Womble Bond Dickinson on

The saga continues in the post-ACA Int’l fight over ATDS functionality. Eric described Bad Reyes as the Empire Strikes Back. If that’s the case then that makes Marshall A New Hope, and Herrick the Return of the Jedi. Now...more

Exterro, Inc.

Here's What's Next in AI for E-Discovery

by Exterro, Inc. on

In 2011, Maura Grossman and Gordon Cormack published their landmark study of technology assisted review, Technology-Assisted Review in E-Discovery Can Be More Effective and More Efficient than Exhaustive Manual Review....more

Kilpatrick Townsend & Stockton LLP

Technology Assisted Review: Or, How I Stopped Worrying and Learned to Love a Computer Program (PART ONE)

PART ONE: This is part one of a series on my journey to appreciating TAR. Be on the lookout for part two in the coming weeks. Recently, I (Russ Beets) began work on a complex litigation case that had millions of documents...more

Womble Bond Dickinson

Time for Clarity: Two Courts Reach Opposite Conclusions on the Viability of the FCC’s Predictive Dialer Rulings on the Same Day...

by Womble Bond Dickinson on

Herrick v. GoDaddy – ORDER Granting D MSJ 5.14.18 - As we reported yesterday May 15, 2018, a court in the Southern District of Florida just held that the FCC’s 2003 and 2008 predictive dialer rulings survived their brush...more

Womble Bond Dickinson

A New Day for Predictive Dialer TCPA Cases?: First Court Holds That FCC Predictive Dialer Rulings Survive ACA Int’l

by Womble Bond Dickinson on

As soon as ACA Int’l was handed down, the debate began. Are predictive dialers still covered by the TCPA following ACA Int’l’s reversal of the FCC’s ATDS formulation or is the statute’s narrow definition now the law of the...more

CloudNine

A Fresh Comparison of TAR and Keyword Search: eDiscovery Best Practices

by CloudNine on

Bill Dimm of Hot Neuron (the company that provides the product Clustify that provides document clustering and predictive coding technologies, among others) is one of the smartest men I know about technology assisted review...more

Womble Bond Dickinson

Bringing it All Together: Court Rulings, FCC Petitions and New Proposed Legislation Impacting TCPA Definition of ATDS Following...

by Womble Bond Dickinson on

The D.C. Circuit’s admonishment to the FCC over its failure to define “the precise functions that a device must have capacity to perform for it to be considered an ATDS” has created quite the fall out. Since ACA Int’l v. FCC,...more

Farrell Fritz, P.C.

What Can A Litigator Do When There Are Hundreds Of Thousands Of Documents To Review In A Short Period Of Time, And A Strict...

by Farrell Fritz, P.C. on

Traditional document review can be one of the most variable and expensive aspects of the discovery process. The good news is that there are innumerable analytic tools available to empower attorneys to work smarter, whereby...more

CloudNine

Why Is TAR Like a Bag of M&M’s?, Part Four: eDiscovery Best Practices

by CloudNine on

...So where does this leave us? The idea behind TAR – that technology can help improve the eDiscovery process – is a valuable goal. But figuring out what pieces of technology to apply at what point in the workflow is not so...more

CloudNine

Why Is TAR Like a Bag of M&M’s?, Part Three: eDiscovery Best Practices

by CloudNine on

Before you think about using more advanced technology, start with the basic tools early on: dedupe, de-nist, cull by dates and sample by custodians. Perhaps even keyword searches if your case expert fully understands case...more

CloudNine

You May Be a User of Predictive Coding Technology and Not Realize It: eDiscovery Trends

by CloudNine on

At the Houston ACEDS luncheon/TAR panel last week, we asked a few questions of the audience to gauge their understanding and experience with Technology Assisted Review (TAR). Some of the questions like “have you used TAR on a...more

CloudNine

Why Is TAR Like a Bag of M&M’s?, Part Two: eDiscovery Best Practices

by CloudNine on

...Tom’s overview is split into four parts, so we’ll cover each part separately. The first part was covered on Tuesday. Here’s part two. History and Evolution of Defining TAR - Most people would begin the discussion...more

Dorsey & Whitney LLP

Back to Basics: What is an “ATDS,” Really?

by Dorsey & Whitney LLP on

Following the D.C. Circuit’s opinion in ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 at *9 (D.C. Cir. Mar. 16, 2018) (“ACA Int’l”), members of the Bar on all sides have found themselves potentially living in a...more

Epiq

Yes, eDiscovery predictive coding is super cool. But can we also agree that email threading just works?

by Epiq on

For the last decade, predictive coding has dominated e-Discovery conferences and preoccupied industry thought leadership. In practice, despite the buzz – and several generations of technology development –predictive coding is...more

Nelson Mullins Riley & Scarborough LLP

A First-Timer and Veteran Report Back on Legaltech 2018

Legaltech, the largest legal technology event of the year, took place in New York City last week. Several Encompass team members joined thousands of electronic discovery and legal technology professionals from around the...more

Farrell Fritz, P.C.

What Is Predictive Coding And Should I Think About Using It?

by Farrell Fritz, P.C. on

You are involved in litigation and faced with a document review need, what now? Naturally you need to find attorneys to review these documents. To this end, depending on the volume of data at issue, many firms will either:...more

Zapproved LLC

Court Orders TAR E-Discovery Software With Validation Set

by Zapproved LLC on

Winfield v. City of New York No. 15-CV-05236 (LTS) (KHP) (S.D.N.Y. Nov. 27, 2017). In this case alleging that New York City’s affordable housing program has a disparate impact on racial minorities, the plaintiffs...more

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