by Joshua Neil Rubin | Dec 23, 2014 | Uncategorized
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...
by Joshua Neil Rubin | Oct 23, 2014 | Uncategorized
Some say that predictive coding isn’t as useful to plaintiffs as it is to defendants. See, for example, this post on Linkedin. In my view, what really matters is whether the litigant is producing or receiving the documents. Predictive coding is more useful to a...
by Joshua Neil Rubin | Oct 8, 2014 | Uncategorized
In any case where emails between the parties will be discoverable, the parties should collect and jointly analyze the emails between them, before the initial scheduling conference, in order to agree on an efficient and proportional ediscovery plan and to attempt early...
by Joshua Neil Rubin | Sep 3, 2014 | Uncategorized
Even before either side does a first-pass review of their collected documents, they can easily identify which potentially-discoverable documents both sides already have in common. This process would be fast, inexpensive, and easy, and would allow new kinds of...
by Joshua Neil Rubin | Aug 6, 2014 | Uncategorized
As shown below, any federal court has the absolute statutory authority, which it should exercise immediately upon the filing of any action, to unilaterally enter an order that provides as follows (an “EDiscovery Privilege Order”): 1) No communications...
by Joshua Neil Rubin | Jul 20, 2014 | Uncategorized
The following Order encourages disclosures between the parties about ediscovery by making certain communications non-discoverable and inadmissible, and by ensuring that those communications will not waive any otherwise applicable privilege or protection. It’s...
by Joshua Neil Rubin | Jul 1, 2014 | Uncategorized
There’s a feature that I really want to be included in my technology-assisted review platform. It would be so easy to implement. It works kind of like those annoying browser plugins. You know the ones. They turn ordinary words or phrases on any website into...
by Joshua Neil Rubin | Jun 12, 2014 | Uncategorized
Joe Looby’s unique historical documentary, The Decade of Discovery (10th Mountain Films), shows how a few lawyers, judges, and scholars recognized the scope of the looming electronic discovery juggernaut and took the first major systematic steps to rein it in....
by Joshua Neil Rubin | May 31, 2014 | Uncategorized
I think that the Brainspace Discovery 4 analytical engine (http://brainspace.com) is pointing the way to the future of technology-assisted review. In short, Discovery 4 exposes its inferences about which concepts indicate responsiveness and allows reviewers to adjust...
by Joshua Neil Rubin | Mar 27, 2014 | Uncategorized
And what do you do when it’s not? Drag and drop only copies very limited metadata, although it may be enough in some cases. A Side Note on Scope This analysis is limited to the most commonly-sought types of metadata. Also, this analysis assumes that the files...
