The FBI should and could easily have finished its investigation of Hillary Clinton’s emails on Anthony Weiner’s laptop by no later than early Monday morning. And, consistent with its current policy, it should have disclosed the result of its review by no later than noon on Monday. Continue reading
In 1997, Judge D. Brooks Smith (W.D. PA) ordered the defendant in a class action to produce its counsel’s database of potentially responsive documents or suffer the consequences. One reason I sought that order was to cut through what would otherwise have been an untenably expensive process. Here are excerpts from the transcript, and the minute entry. Continue reading
In describing predictive coding systems, it’s important to distinguish document-based systems from corpus-based systems. Document-based systems make their predictions based on the similarity of each document to a single, previously-categorized document. Corpus-based systems are, in addition, able to use higher-order properties of groups of previously-categorized documents to make their predictions. Because of this advantage, corpus-based systems are less affected by errors in coding individual documents. Continue reading
On August 3, 2015, ediscovery SAAS provider Logikcull unveiled the first all-inclusive, flat rate pricing plans in the ediscovery industry. I interviewed Logikcull’s CEO, Andy Wilson, about his company and its business model. What follows is an abridged version of that interview, vetted by Andy for accuracy. Continue reading
Group document reviews usually aren’t particularly ennobling. And in recent years we’ve learned that they can sometimes produce results that are worse than what we’d get from a well-trained machine.
That can change. We can use social technology to make group document reviews better, faster, and less costly, while making the reviewers’ work more professionally rewarding to them and more valuable to their employers. Continue reading
In his latest blog post, ediscovery expert Craig Ball seeks input on a curriculum that would provide litigators with basic ediscovery competence.
In my comments to Craig’s post, I explain my view that most litigators don’t have the interest in information technology that, in my experience, is necessary (in addition to education) to allow them to attain basic ediscovery competence. In my view, litigators who aren’t interested in information technology should retain knowledgeable co-counsel who are. See Comment to Rule 1.1 of the Model Rules of Professional Conduct.
In his most recent book, Harvard Law Professor Yochai Benkler surveys the sciences to summarize our current knowledge about what maximizes cooperation. Yochai Benkler, The Penguin and the Leviathan (1st ed. 2011). Continue reading
A new model of conflict resolution is gaining ground in our culture. It’s based on the idea of cooperatively restoring equilibrium instead of beating the other guy to death. Continue reading
This article is about how H5‘s rules-based approach to technology-assisted review provides a great framework for illustrating cooperation in ediscovery. But first, some context.
By this time next year, Rule 1 of the Federal Rules of Civil Procedure will have been amended to codify the principles of proportionality and cooperation between opposing counsel. Continue reading