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Technology Assisted Review & Predictive Coding — a Library

Technology Assisted Review & Predictive Coding — a Library

An overview of Technology-Assisted Review and Predictive Coding related case law, reports and articles as compiled by Robert Brownstone of Fenwick & West.


The Seven Percent Solution: The Case of the Confounding TAR Savings

The Seven Percent Solution: The Case of the Confounding TAR Savings

“So what’s the big deal?” I asked Mark Noel, one of our senior Predict consultants (and much smarter than me about this stuff). “Moving from one document in 100 to seven doesn’t seem like much of an improvement,” I added. “Why couldn’t we get these numbers up to 35% or, heck, even higher to 60% or more?”


The Delusions of Big Data and Other Huge Engineering Efforts

The Delusions of Big Data and Other Huge Engineering Efforts

The overeager adoption of big data is likely to result in catastrophes of analysis comparable to a national epidemic of collapsing bridges. Hardware designers creating chips based on the human brain are engaged in a faith-based undertaking likely to prove a fool’s errand. Despite recent claims to the contrary, we are no further along with computer vision than we were with physics when Isaac Newton sat under his apple tree.


Predictive Coding for Rookies: E-Discovery in the Courtroom

Predictive Coding for Rookies: E-Discovery in the Courtroom

Discovery, as all lawyers know, is the process of collecting and exchanging information about the court case to prepare for the trial. Traditionally, this was done by many lawyers over countless billable hours in which every page of potential evidence was examined for important information. Because of this, the more information existed in reference to a case, the more expensive the case was.


Redefining High Speed eDiscovery Processing & Production

Redefining High Speed eDiscovery Processing & Production

91% of firms engaged in litigation continue to use TIFFs as a favored review format. On the one hand, TIFFs are a standardized, reviewable format that litigation professionals are comfortable with. On the other, TIFF processing requires tremendous computing resources and, as a result, has traditionally been slow and expensive. As the size of collections continue to explode, there is additional pressure to process more native documents into TIFF – and fast.


Hadoop, Data Lakes, Predictive Analytics and the Ultimate Demise of Information Governance – Part One

Hadoop, Data Lakes, Predictive Analytics and the Ultimate Demise of Information Governance – Part One

There is a micro-battle brewing between Information Governance and Search in the legal world that reflects a larger conflict in the greater information technology world. I touched upon this in my blog last week, e-Discovery Industry Reaction to Microsoft’s Offer to Purchase Equivio for $200 Million – Part Two . I speculated that Microsoft was probably buying Equivio because it wants to improve its information governance products. That is what most in the e-discovery industry seems to think, and, after all, law is where Equivio now operates.


It’s Pointless to Define Cloud Computing

It's Pointless to Define Cloud Computing

The International Standards Organization (ISO) has released two new standards for cloud computing in an attempt to put some order around the loose terminology in cloud computing. If you think you’ve seen this movie before, you’re right.


Are You Happy With Your eDiscovery Sourcing Decisions? (Cartoon and Clip)

Are You Happy With Your eDiscovery Sourcing Decisions? (Cartoon and Clip)

Daily we read, see and hear more and more about the cost, time and complexity factors that impact information governance and eDiscovery sourcing decisions. This week’s cartoon and clip features a contemplative look at post-decision stress syndrome (cartoon) and a short reminder of some of the key elements to consider when making important sourcing decisions (clip).


Got Equivio? A Quick Reference to Highlighted Relationships

Got Equivio? A Quick Reference to Highlighted Relationships

Founded in 2004, Equivio has become one of the world’s leading provider of text analysis software for information governance and eDiscovery. Currently they have generated increased interest based on the reported potential acquisition of the company by Microsoft. Provided in this post is a quick reference listing of select technology, governmental and commercial entities that are currently represented as part of Equivio’s installed base or have been mentioned between 2005 and today on the Equivio website in the form of a press release.


Best Practices for Information Governance

Best Practices for Information Governance

It’s generally accepted that the more information we have, the better. Knowledge is power, right? And won’t big data lead to better products, more responsive customer service and enhanced shopping experiences? That is true, but all that information also introduces significant cost and risk into an organization.


Key Privacy Issues in M&A Transactions

Key Privacy Issues in M&A Transactions

Many merger and acquisition (“M&A”) agreements lack specific representations and warranties regarding privacy issues. Often, this is because deal lawyers do not recognize potential privacy risks where the target company (the “Target”) lacks e-commerce websites or retail stores that collect consumer data. Nonetheless, significant privacy issues may exist even if the Target is a traditional “brick and mortar” business. Early attention to privacy issues in M&A transaction planning and due diligence can mitigate risks for both buyers and sellers.


Best Practices: Defensibly Collecting, Reviewing, and Producing Email

Best Practices: Defensibly Collecting, Reviewing, and Producing Email

Emails and their attachments represent an increasingly significant portion of ESI (Electronically Stored Information) collections and for good reason, too. The hundreds of billions of emails that are sent daily paint a comprehensive picture of our personal and professional lives. It’s no wonder that litigators must thoroughly and effectively review these collections for key evidence. Most often, the “smoking guns” are hiding in Outlook .msg files and their attachments. But the peculiarities of email format can make this key evidence difficult to find, defensibly collect, process, review, search, and produce without proper knowledge and tools.


What If Companies Don’t Own All That Data They’re Collecting?

What If Companies Don’t Own All That Data They’re Collecting?

Big data and the “internet of things” — in which everyday objects can send and receive data — promise revolutionary change to management and society. But their success rests on an assumption: that all the data being generated by internet companies and devices scattered across the planet belongs to the organizations collecting it. What if it doesn’t?


e-Discovery Industry Reaction to Microsoft’s Offer to Purchase Equivio for $200 Million – Part Two

e-Discovery Industry Reaction to Microsoft’s Offer to Purchase Equivio for $200 Million – Part Two

The consensus view is that after the purchase Microsoft will essentially disband Equivio and absorb its technology, its software designs, and some of its experts. Then, as Craig Ball predicts, they will wander the halls of Redmond like the great cynic Diogenes. No one seems to think that Microsoft will continue Equivio’s business.


Top 10 Reasons to Use Visual Classification

Top 10 Reasons to Use Visual Classification

We are asked on a regular basis why organizations should use visual classification to manage their electronic and paper repositories for various information governance initiatives. Here’s a summary of how we respond in the form of a top ten reasons list.


Total Assessment Cost with Different Cost Models

Total Assessment Cost with Different Cost Models

In my previous post, I found that relevance and uncertainty selection needed similar numbers of document relevance assessments to achieve a given level of recall. I summarized this by saying the two methods had similar cost. The number of documents assessed, however, is only a very approximate measure of the cost of a review process, and richer cost models might lead to a different conclusion.

One distinction that is sometimes made is between the cost of training a document, and the cost of reviewing it. It is often assumed that training is performed by a subject-matter expert, whereas review is done by more junior reviewers. The subject-matter expert costs more than the junior reviewers—let’s say, five times as much. Therefore, assessing a document for relevance during training will cost more than doing so during review.


Thinking Outside the Box in Information Governance and eDiscovery (Cartoon and Clip)

Thinking Outside the Box in Information Governance and eDiscovery (Cartoon and Clip)

Daily we read, see and hear more and more about technology developments that impact the areas of information governance and electronic discovery. This week’s cartoon and clip features a unique look at innovative thinking in these critical areas (cartoon) and quick reference links to six interesting blogs that regularly highlight the need to truly think about these critical areas (clip).


Measuring Recall in E-Discovery Review: A Tougher Problem Than You Might Realize – Part 1

Measuring Recall in E-Discovery Review: A Tougher Problem Than You Might Realize – Part 1

A critical metric in Technology Assisted Review (TAR) is recall, which is the percentage of relevant documents actually found from the collection. One of the most compelling reasons for using TAR is the promise that a review team can achieve a desired level of recall (say 75% of the relevant documents) after reviewing only a small portion of the total document population (say 5%). The savings come from not having to review the remaining 95% of the documents.


Preserving Gmail for Dummies

Preserving Gmail for Dummies

Try as I might to make it foolproof, downloading Gmail using IMAP and Outlook is tricky. Happily since my post, the geniuses at Google introduced a truly simple, no-cost way to collect Gmail and other Google content for preservation and portability.


Top 10 Things You Need to Know About Email

Top 10 Things You Need to Know About Email

Emails and their attachments represent an increasingly significant portion of ESI (Electronically Stored Information) collections and for good reason, too. The hundreds of billions of emails that are sent daily paint a comprehensive picture of our personal and professional lives, so it is no wonder that litigators must thoroughly and effectively review these collections for relevant case material. All too often, the “smoking gun” is hiding in .msg files and their attachments, but the peculiarities of email format can make this key evidence difficult to find, process for review, search, and produce.


LIVE Launch of the Big Data Public-Private Partnership

LIVE Launch of the Big Data Public-Private Partnership

Joint press briefing by Neelie KROES, Vice-President of the EC in charge of Digital Agenda, and Jan SUNDELIN, CEO of TIE Kinetix.   See the original brief posting at: LIVE Launch of the Big Data Public-Private Partnership Key Facts to Share@EU_Commission LIVE Launch of the #BigData Public-Private Partnership Tweet Buffer


Some Initial Thoughts on the Assumed Microsoft Acquisition of Equivio

Some Initial Thoughts on the Assumed Microsoft Acquisition of Equivio

I thought Microsoft would have gone after somebody else. Pundits claim there were other contenders. The actual acquisition of Equivio by somebody is no surprise. From what the VCs have told me, the Equivio book has been out on the street for awhile. It will be interesting if anyone else makes a play now. But as Ralph [Losey] said: is Microsoft really serious about playing in “our” legal sandbox?


e-Discovery Industry Reaction to Microsoft’s Offer to Purchase Equivio – Part One

e-Discovery Industry Reaction to Microsoft’s Offer to Purchase Equivio - Part One

On Oct. 7, 2014, the Wall Street Journal reported that Microsoft had signed a letter of intent to buy what they called an Israel-based text analysis startup company named Equivio . The mainstream business press has virtually no understanding of the e-discovery industry, nor anything having to do with litigation support. They also seem to have no real grasp of what kind of software Equivio and others like it in the industry have created.


The Business Impact of Pharmaceutical Side Effects (Cartoon and Clip)

The Business Impact of Pharmaceutical Side Effects (Cartoon and Clip)

Daily we read, see and hear more and more about the health, legal and business developments in the pharmaceutical industry. This week’s cartoon and clip features a unique look at the retail sales impact of the pharmaceutical industry (cartoon) and a quick reference link to one of the most informational and timely resources on the pharmaceutical industry, FiercePharma (clip).