chronology

Robust Metrics Needed to Counter Impact of ‘Data Shift’ on Predictive Coding Measures

Robust Metrics Needed to Counter Impact of ‘Data Shift’ on Predictive Coding Measures

Attorneys and judges often rely exclusively upon “precision” and “recall” thresholds for acceptance of dichotomous classification models in what is commonly referred to in the legal industry as “predictive coding.” Because these measures fail to provide a complete understanding of the proposed model’s characteristics and efficacy, this paper will argue that interested parties should go beyond the precision and recall metrics and include other, more effective performance measurements such as Receiver Operator Characteristic (ROC) and Area Under the Curve (AUC).


Riley Cell Phone Decision a Red Herring in E-Discovery

Riley Cell Phone Decision a Red Herring in E-Discovery

When it comes to civil discovery, there is no right to privacy unique to smart phones versus computers, tablets or files stored in your knickers drawer. If the evidence is reasonably accessible, responsive and non-privileged, it’s fair game in discovery.


8th Annual eDiscovery and Technology Survey of Illinois Attorneys | Tom O’Connor

8th Annual eDiscovery and Technology Survey of Illinois Attorneys | Tom O'Connor

The Law Bulletin Publishing Company has just published its 8th Annual eDiscovery and Technology Survey of Illinois attorneys in the Legal Technology Update to Chicago Lawyer magazine. The survey is conducted every year by Tom O’Connor, senior ESI consultant at Advanced Discovery.


Five Years of Magic: The Gartner Magic Quadrant for E-Discovery Software

Five Years of Magic: The Gartner Magic Quadrant for E-Discovery Software

Published annually by Gartner, the Magic Quadrant for E-Discovery Software is a concise research report that highlights key market developments and dynamics in the field of eDiscovery and provides a comparative evaluation of leading eDiscovery software vendors. An aggregation from public domain sources of eDiscovery vendors who have been selected and evaluated as part of the annual Magic Quadrant for E-Discovery Software since 2011 is provided for your review and consideration.


Using Extrapolated Precision for Performance Measurement

Using Extrapolated Precision for Performance Measurement

By Bill Dimm This is a brief overview of my paper “Information Retrieval Performance Measurement Using Extrapolated Precision,” which I’ll be presenting on June 8th at the DESI VI workshop at ICAIL 2015.  The paper provides a novel method for extrapolating a precision-recall point to a different level of recall, and advocates making performance comparisons […]


The Week’s Five Great Reads – Litigation Trends Edition

The Week's Five Great Reads - Litigation Trends Edition

This week’s newsletter highlights five key posts on information governance and electronic discovery that are presented to inform and update legal and information technology professionals.


New Research: In-House Legal Teams Reveal Top Trends in E-Discovery

New Research: In-House Legal Teams Reveal Top Trends in E-Discovery

From Guidance Software Announcing the results of the 2015 Guidance Software Second Annual E-Discovery Survey. Responded to by nearly 100 people from in-house legal departments and e-discovery service providers this survey shows some key trends with e-discovery teams. Extract: The expression information governance embraces a wide range of programs, policies, and initiatives for which responsibility […]


Gartner Names 2015 Cool Vendors in Big Data

Gartner Names 2015 Cool Vendors in Big Data

Gartner found that big data has moved from being a ‘cool experiment’ toward a demand for integration within other production environments. Further, repeatability is now the biggest demand in big data, and the question now is whether or not use cases can be broken down into components that are reused in multiple applications. In addition, self-service data preparation tools can expedite a move toward business-user-generated data discovery and advanced analytics by reducing time and difficulty of preparing data for analysis.


From Classification to Coding: Three Quick Qualification Questions (Cartoon and Clip)

From Classification to Coding: Three Quick Qualification Questions (Cartoon and Clip)

Daily we read, see, and hear more and more about how technology is changing the game of document classification and revolutionizing document review. While there may be evidence that new data governance and discovery technologies can absolutely change current approaches to document classification and review, it is important to remember that technology is only as good as its ability to be delivered, managed, and supported by vendors and integrators.


The DOJ Sets Out to Establish Standard for Data Security Incident Response and Preparation

The DOJ Sets Out to Establish Standard for Data Security Incident Response and Preparation

Organizations face threats to their data from all fronts, from sophisticated external attacks by hackers to employee error (as the 2015 BakerHostetler Incident Response Report showed). Recognizing the prevalence of these incidents, the Department of Justice (DOJ) recently issued a guidance document intended to help organizations prepare for a data security incident. The document, titled “Best Practices for Victim Response and Reporting of Cyber Incidents,” is derived from the DOJ’s experiences investigating and prosecuting cybercriminals. The Guidelines focus primarily on the proactive and reactive measures a company may take with a data breach.


The Cost of a Data Breach

The Cost of a Data Breach

In 2014, the Ponemon Institute published the 2014 Cost of Data Breach Study that includes interesting cost information related to remediation efforts undertaken by 61 companies that operate in the United States.

The study reports that the average remediation cost for each lost or stolen record containing confidential or sensitive information was $201. The average total cost of remediation efforts was $5.85 million per incident.


Norton Rose Fulbright releases 2015 Litigation Trends Annual Survey

Norton Rose Fulbright releases 2015 Litigation Trends Annual Survey

Global legal practice Norton Rose Fulbright today released its 2015 Litigation Trends Annual Survey. This year’s survey is the 11th overall and the most extensive in its history, polling more than 800 corporate counsel representing companies across 26 countries on disputes-related issues and concerns. Survey respondents – primarily general counsel – indicated that the increasing number of class action lawsuits and a more litigious business environment were the most important issues impacting their companies.


Breaking the Law: Study Shows that Big Business is Failing to Stay Compliant over Social Media

Breaking the Law: Study Shows that Big Business is Failing to Stay Compliant over Social Media

The marketing power of social media mean corporate investment in building brands’ social presence is growing more than ever, but most organisations still don’t have a proper grasp of the scope and scale of the risks, according to new research.


#Trademarks?: Hashtags as Trademarks

#Trademarks?: Hashtags as Trademarks

The USPTO defines a hashtag as “a form of metadata comprised of a word or phrase prefixed with the symbol ‘#’” and states that a hashtag mark may be registerable, but only if it functions as an identifier of the source of the applicant’s goods or services.


The Big 4 Are Putting Down Roots in the Legal Sector

The Big 4 Are Putting Down Roots in the Legal Sector

Any coyness about the Big 4 returning to law has been lifted. They are all at it again – at least outside the United States. So what has changed? Or will it all end in tears and as it did more than a decade ago?


From ILTA: Announcing the Browning Marean Scholarships

From ILTA: Announcing the Browning Marean Scholarships

In honor of Browning Marean’s work in the litigation field and his extraordinary international ambassadorship, ILTA has established two scholarships to ILTACON, one for individuals who live and work in the U.S. and one for those outside the U.S.


The Week’s Five Great Reads – Defining Unstructured Data

The Week's Five Great Reads - Defining Unstructured Data

This week’s newsletter highlights five key posts on information governance and electronic discovery that are presented to inform and update legal and information technology professionals.


Is There Such a Thing as Unstructured Data? A Short List of 10 Definitions (Cartoon and Clip)

Is There Such a Thing as Unstructured Data? A Short List of 10 Definitions (Cartoon and Clip)

While some may dispute the existence of unstructured data, definitions for the term “unstructured data” do exist. This week our cartoon and clip provides a quick look at how people convey meaning in different ways (cartoon) and provides a short list of definitions for the term “unstructured data” (clip).


New Ruling from Rio Tinto Case Confirms Parties Can Use Keywords with Predictive Coding

New Ruling from Rio Tinto Case Confirms Parties Can Use Keywords with Predictive Coding

Courts have so far provided mixed guidance on this issue, leaving litigants guessing as to whether their choice of blending keyword and predictive coding search methodologies – if challenged by an adversary – would receive judicial imprimatur. Nevertheless, a new ruling from the Rio Tinto v. Vale litigation confirms that parties may combine these search methodologies to achieve reasonable and proportional productions of highly relevant information.


Girding for the E-Savvy Opponent

Girding for the E-Savvy Opponent

In e-disclosure, we still fight the last war, smug in the belief that our opponents will never be e-savvy enough to defeat us.


Courts Continue to Acknowledge Increasing Prominence of TAR

Courts Continue to Acknowledge Increasing Prominence of TAR

Technology-Assisted Review (hereinafter TAR) is broadly defined as the use of computer tools to determine the relevance of selected documents to any issues in a given controversy. The most utilized form of TAR, known as predictive coding, allows a human reviewer to utilize a select sample of documents to “train” a computer to recognize patterns of relevance in the universe of documents under review.


9 Subjective Considerations for Assessing Information Governance Vendors

9 Subjective Considerations for Assessing Information Governance Vendors

The focus on the technology and talent elements of an information governance vendor’s capability is certainly warranted as these elements ultimately provide the cutting edge for the knife of task execution. However, just as there is much more to the utility of a knife than its edge (especially if you want to use it more than once), there are additional areas worthy of consideration in vendor selection if one is considering the long term strategic utility and viability of a vendor.


Judge Andrew Peck on TAR (Technology-Assisted Review)

Judge Andrew Peck on TAR (Technology-Assisted Review)

In this episode of Digital Detectives, Sharon Nelson and John Simek interview Judge Andrew Peck, an expert in issues relating to electronic discovery. Together they discuss the current state of technology-assisted review, how FRCP amendments will affect the way lawyers do discovery, and best practices when using TAR.


Nine Tips to Ensure Information Governance Success

Nine Tips to Ensure Information Governance Success

The goal of creating a trustworthy enterprise-wide information governance (IG) program is to facilitate effective management of information authority, control, accessibility, and visibility throughout the information lifecycle.