Posts Tagged ‘electronic discovery’

In Legal Search Exact Recall Can Never Be Known – Part One

In Legal Search Exact Recall Can Never Be Known – Part One

“Uncertainty is an uncomfortable position. But certainty is an absurd one.” VOLTAIRE In legal search you can never know exactly what recall level you have attained. You can only know a probable range of recall. For instance, you can never know that you have attained 80% recall, but you can know that you have attained between 70% and 90% recall. Even the range is a probable range, not certain. Exact knowledge of recall is impossible because there are too many documents in legal search to ever know for certain how many of them are relevant, and how many are irrelevant.


Market Considerations for eDiscovery and Information Governance (Cartoon and Clip)

Market Considerations for eDiscovery and Information Governance (Cartoon and Clip)

Daily we read, see and hear more and more about the increasing need for task effective and cost efficient eDiscovery and information governance technologies. This week’s cartoon and clip highlights one cost driver for these technologies (cartoon) and provides a podcast overview from the Legal Talk Network on potential issues and trends in these important markets (clip).


Predictive Coding, Discovery, and the Conservation of Quantum Information

Predictive Coding, Discovery, and the Conservation of Quantum Information

Electronic “predictive coding” devices that automate the “reading” of thousands of records for making production for electronic discovery, present such problems. The words and phrases in records require thousands, even millions of choices to be made as to issues of law and fact concerning relevance and privilege. “Predictive coding” is a document review technology that allows computers to predict particular document classifications (such as “responsive” or “privileged”) based upon coding decisions made by those knowledgeable as to the subject matter. In the context of electronic discovery, this technology can find key documents faster and with fewer human reviewers, thereby saving much time to conduct document review for finding relevant and potentially privileged documents. A detailed description of the use of predictive coding devices is found in, Dynamo Holdings Ltd. Partnership v. Commissioner of Internal Revenue (U.S. Tax Court, Sept. 17, 2014), being a case that rejects the objection that predictive coding is “an unproven technology.”


Tax Court Okays Use of Predictive Coding to Review Documents

Tax Court Okays Use of Predictive Coding to Review Documents

Because so many documents are stored nowadays in electronic form, the expense of electronic discovery has become a major concern in litigation. To address this concern, vendors have developed technologies to search through large pools of electronically stored documents for material responsive to e-discovery requests efficiently and expeditiously. One such new technology is “predictive coding” – a technique that uses computers to assist with review of large volumes of documents. The United States Tax Court recently approved the use of predictive coding to respond to a large document request by the IRS.


eDiscovery Vendor Viability: Comparisons Beyond Technology and Talent

eDiscovery Vendor Viability: Comparisons Beyond Technology and Talent

In an effort to help eDiscovery decision makers evaluate and compare both the immediate and long term success potential of electronic discovery vendors, the following considerations, shared in a formulaic manner to allow for objective comparison of subjective evaluation criteria, are provided for your review. The author is well aware that there are many considerations required to truly evaluate electronic discovery vendors and the following considerations represent one view of how one can evaluate/compare vendors beyond just the “feature and function and pricing” of services and products.


The Impact Of Privacy Liability (Cartoon and Clip)

The Impact Of Privacy Liability (Cartoon and Clip)

Daily we read, see and hear more and more about the challenges associated with privacy regulation and liability. This week’s cartoon and clip highlights one public example of holiday related privacy violations (cartoon) and provides a link to an article on the increasing involvement of federal regulatory agencies in applying privacy law (clip).


Measuring Recall in E-Discovery Review, Part Two: No Easy Answers

Measuring Recall in E-Discovery Review, Part Two: No Easy Answers

In Part One of this two-part post, I introduced readers to statistical problems inherent in proving the level of recall reached in a Technology Assisted Review (TAR) project. Specifically, I showed that the confidence intervals around an asserted recall percentage could be sufficiently large with typical sample sizes as to undercut the basic assertion used to justify your TAR cutoff.

In this Part Two, I will take a look at some of the other approaches people have put forward and see how they match up. However, as Maura Grossman and Gordon Cormack warned in “Comments on ‘The Implications of Rule 26(g) on the Use of Technology-Assisted Review’” and Bill Dimm amplified in a later post on the subject, there is no free lunch.


EDRM Publishes Statistical Sampling Applied to Electronic Discovery, Release 2

EDRM Publishes Statistical Sampling Applied to Electronic Discovery, Release 2

EDRM , the leading standards organization for the e-discovery market, announced today the release of an updated Statistical Sampling Applied to Electronic Discovery . The release, published on the EDRM website, is open for public comment. At the conclusion of the public comment period on January 9, 2015, input will be reviewed and considered for incorporation before the updated materials are finalized. The updated materials provide guidance regarding the use of statistical sampling in e-discovery.


Five Cool Information Governance Tools (Cartoon and Clip)

Five Cool Information Governance Tools (Cartoon and Clip)

Daily we read, see and hear more and more about the challenges associated with organizational and individual productivity in the world of social media. This week’s cartoon and clip highlights one proven technique for increasing social media productivity (cartoon) and several cool social media tools that may be useful for increasing social media productivity (clip).


The Continued Decline of the Homepage

The Continued Decline of the Homepage

Google is your new homepage. Every page you have is a homepage for someone. We must think beyond the traditional homepage.


Visualizing Data in a Predictive Coding Project – Part Three

Visualizing Data in a Predictive Coding Project – Part Three

This concluding blog in the visualization series also serves as a stand alone lesson on the basics of math, sampling, probability, prevalence, recall and precision. It will summarize some of my current thoughts on quality control and quality assurances in large scale document reviews. Bottom line, there is far more to quality control than doing the math , but still, sampling and metric analysis are helpful.


Five Cool Social Media Productivity Tools (Cartoon and Clip)

Five Cool Social Media Productivity Tools (Cartoon and Clip)

Daily we read, see and hear more and more about the challenges associated with organizational and individual productivity in the world of social media. This week’s cartoon and clip highlights one proven technique for increasing social media productivity (cartoon) and several cool social media tools that may be useful for increasing social media productivity (clip).


Rolling Intelligence: Enterprise-Level Paying It Forward

Rolling Intelligence: Enterprise-Level Paying It Forward

Rolling intelligence is the enterprise-level equivalent of pay it forward. Effort invested in one business unit, functional area, or type of document storage to visually classify documents benefits the other units, areas, or types of storage that are processed later on. It is the gift that keeps on giving. The reason is that there is a heavy overlap on the types of documents that are used or stored in different areas of an enterprise.


Turkeys, Thanksgiving and Predictive Coding (Cartoon and Clip)

Turkeys, Thanksgiving and Predictive Coding (Cartoon and Clip)

Daily we read, see and hear more and more about the challenges and concerns associated with predictive coding. This week’s cartoon and clip highlights a visual depiction of two knowledge workers taking a random sampling approach to predictive coding (cartoon) and some considerations for thinking about the challenges associated with textual analytics-based technology-assisted review platforms. (clip).


Archiving in the Enterprise: New Magic Quadrant From Gartner

Archiving in the Enterprise: New Magic Quadrant From Gartner

Published on November 10, 2014, the new Gartner Magic Quadrant for Enterprise Information Archiving (G00262936) provides information technology and business professionals with information and insight into solutions available to meet compliance and eDiscovery challenges while reducing primary storage costs.


Is Social Media Risky? Organizational Considerations (Cartoon and Clip)

Is Social Media Risky? Organizational Considerations (Cartoon and Clip)

Daily we read, see and hear more and more about the organizational risks associated with social media use. This week’s cartoon and clip highlights a unique approach to dealing with social media risk (cartoon) and some considerations for thinking about and evaluating organizational risk and cost related to social media (clip).


Selecting an eDiscovery Vendor is Like Buying the Right Car – but Don’t Forget about the Dealership

Selecting an eDiscovery Vendor is Like Buying the Right Car – but Don’t Forget about the Dealership

In a sea of 600+ e-discovery providers in the US alone, trying to find the right vendor to meet and fulfill your requirements is difficult. Like purchasing a car, you have a choice of vendors that range from local, to regional and national providers. Some that use their own technologies, others that use off-the-shelf products and a few others that provide traditional processing and hosting services spawned from the paper world.


How Much Can I Save With CAL? A Closer Look at the Grossman/Cormack Research Results

How Much Can I Save With CAL? A Closer Look at the Grossman/Cormack Research Results

Perhaps the most important conclusion of the study was that an advanced TAR 2.0 protocol, continuous active learning (CAL), proved to be far more effective than the two standard TAR 1.0 protocols used by most of the early products on the market today—simple passive learning (SPL) and simple active learning (SAL).


Cross-Border E-Discovery: Challenges and Lessons to be Learned

Cross-Border E-Discovery: Challenges and Lessons to be Learned

In a recent blog post on cross-border e-discovery, Sasha L. Hefler and Chris Dale discuss the differences between discovery in the United States and abroad, and the resulting challenges. As they point out, discovery in the United States is much more broad than other common law countries, which put limits on discovery in terms of scope—requiring proportionality—and use of personally identifiable information and other private data. While such differences in approach pose challenges in terms of cross-border discovery, these differences may also hold lessons to be learned for those looking to achieve more reasonable and proportionate discovery here in the United States.


Big Data: 25 Amazing Need-to-Know Facts

Big Data: 25 Amazing Need-to-Know Facts

By Bernard Marr We surely see a lot of hype surrounding big data but I believe the following 25 facts speak for themselves and help to paint a realistic picture of the phenomenon we now call ‘Big Data’ – a phenomenon that is changing the world as we know it. Every 2 days we create […]


Records Management and Unstructured Data: File Analysis Paralysis? (Cartoon and Clip)

Records Management and Unstructured Data: File Analysis Paralysis? (Cartoon and Clip)

Daily we read, see and hear more and more about the challenges of managing unstructured data stores in information governance and eDiscovery. This week’s cartoon and clip highlights a unique records management challenge faced by many corporations today (cartoon) and a research firm’s aggregated listing of 28 file analysis software vendors than can contribute to increased efficiency in information management decisions for unstructured data (clip).


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?”