Posts Tagged ‘electronic discovery’

What To Do When Your Big Data Isn’t Big Enough

What To Do When Your Big Data Isn't Big Enough

Storage of Big Data–and particularly unstructured data such as video, PPT presentations, and Word documents that do not fit into a database–has been the subject of considerable discussion. While proper, secure storage was a natural evolution in the Big Data debate lifecycle, it is now merely a precondition to much higher orders of analysis and business intelligence. In this respect, the Big Data remains too small in many minds.


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?”


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.


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?


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.


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).


File Analysis for Information Management: New Market Guide From Gartner

File Analysis for Information Management: New Market Guide From Gartner

Published on September 23, 2014, the new Gartner Market Guide for File Analysis Software (G00262949) provides information technology and business professionals with information and insight into more efficient, less costly and less risky ways to manage what is generally regarded as unstructured data through the use of file analysis software.


Proper Data Privacy and Security? (Cartoon and Clip)

Proper Data Privacy and Security? (Cartoon and Clip)

Daily we read, see and hear more and more about the latest privacy and data security breaches in consumer, corporate and governmental arenas. This week’s cartoon and clip features a unique approach to ensuring personal data security (cartoon) and a quick reference link to one of the most informational and timely resources on privacy and data security, the LXBN Privacy & Data Security Blog Channel (clip).


Court Approves Use of Predictive Coding Despite Objection to “Unproven Technology”

Court Approves Use of Predictive Coding Despite Objection to “Unproven Technology”

By K&L Gates Dynamo Holdings Ltd. P’ship v. Comm’r of Internal Revenue, Nos. 2685-11, 8393-12 (T.C. Sept. 17, 2014) In this case, the court approved petitioners’  (Dynamo Holdings Ltd. Partnership et. al.) use of predictive coding to identify potentially responsive and privileged data contained on two backup tapes, despite respondent’s  (Commissioner of Internal Revenue) objection […]


3 E-discovery Trends You Can’t Afford to Ignore

3 E-discovery Trends You Can't Afford to Ignore

By Benedict Hur and Matthew Werdegar The Federal Rules of Civil Procedure are supposed to be “construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding.” Yet, as anyone who has ever been tasked with handling discovery in complex litigation knows, the judicial system has struggled to reconcile this overarching goal […]


Is the IRS’s Inability to Find Emails the Result of Unethical Behavior?

Is the IRS’s Inability to Find Emails the Result of Unethical Behavior?

The IRS seems inherently incapable of finding emails. The most famous incident that everyone has heard about, and many have complained about, is the loss of emails of key witnesses in a Congressional investigation of the IRS tea party targeting scandal .


At That Time: The Dynamo Case on Predictive Coding

At That Time: The Dynamo Case on Predictive Coding

In Dynamo Holdings v. Comm’r , the IRS Commissioner sought to compel production of the contents of backup tapes containing at least several million documents. It objected to the producing parties’ request to use predictive coding to review them, calling it an “unproven technology.”


Trademark Infringement in Blogging? (Cartoon and Clip)

Trademark Infringement in Blogging? (Cartoon and Clip)

Keeping up with the many comments and commentators in the data discovery and governance blogosphere can be quite challenging given the multitude of information, opinion and news blogs. This week’s cartoon and clip features a unique challenge to today’s bloggers (cartoon) and a non-all inclusive running list of approximately 30 recent and relevant eDiscovery and information governance related blog posts (clip).


Over Delegating e-Discovery Preservation and Search to a Client?

Over Delegating e-Discovery Preservation and Search to a Client?

Bad things tend to happen when lawyers delegate e-discovery responsibility to their clients. As all informed lawyers know, lawyers have a duty to actively supervise their client’s preservation. They cannot just turn a blind eye; just send out written notices and forget it. Lawyers have an even higher duty to manage discovery, including search and production of electronic evidence. They cannot just turn e-discovery over to a client and then sign the response to the request for production. The only possible exception proves the rule. If a client has in-house legal counsel, and if they appear of record in the case, and if the in-house counsel signs the discovery response, then, and only then, is outside counsel (somewhat) off the hook. Then they can lay back, a little bit, but, trust me, this almost never happens.


Innovation in eDiscovery? (Cartoon and Clip)

Innovation in eDiscovery? (Cartoon and Clip)

Keeping up with innovation in eDiscovery can be quite challenging given the various approaches, commentators and providers weighing in on each real or perceived innovation. This week’s cartoon and clip features a strategic approach to driving innovation (cartoon) and a non-all inclusive running listing of mergers, acquisitions and investments in the eDiscovery arena (clip).


Black Swans and Information Governance

Black Swans and Information Governance

In the absence of a black swan recently happening to you and your organization, how can you convince the powers that be that they should take some preventive and/or precautionary course of action to stave off a subsequent disaster? These questions have direct relevance to the matter of “selling” information governance to the C-suite in our increasingly Big Data world.


Making Technology-Assisted Review Problems Smaller? (Cartoon and Clip)

Making Technology-Assisted Review Problems Smaller? (Cartoon and Clip)

Keeping up with the promises and problems of Technology-Assisted Review (TAR) can be quite a challenge given the amount of writers and writing on the subject. This week’s cartoon and clip features a way to make the challenges of TAR look smaller (cartoon) and a non-all inclusive listing of recent articles on the topic of TAR (clip).


Looking Back on Zubulake, 10 Years Later

Looking Back on Zubulake, 10 Years Later

Features Portrait of Laura Zubulake by Anita Kunz When Laura Zubulake first brought her employment discrimination lawsuit to attorney James Batson in 2001, neither of them thought the case would make history. Neither did U.S. District Judge Shira Scheindlin, who presided over the case in the Southern District of New York. In fact, Scheindlin has mentioned many times that Zubulake’s lawsuit seemed like a "garden-variety employment discrimination case." Zubulake didn’t get a promotion she thought she had earned at the global financial services firm UBS Warburg, filed a complaint with human resources and suddenly found herself at odds with [...]


Discovering the @Inc5000: A Look at 16 eDiscovery Enablers on the 2014 List

Discovering the @Inc5000: A Look at 16 eDiscovery Enablers on the 2014 List

Based on a website review of this year’s Inc. 5000, the following list provides a quick, non-all inclusive reference of some of the eDiscovery enablers that have been included in the 2014 list. The sortable list includes the provider’s name, 2014 Inc. 5000 ranking (#), three year revenue growth (%), 2013 revenue ($) and industry categorization.