by Joshua Neil Rubin | Apr 26, 2016 | Uncategorized
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...
by Joshua Neil Rubin | Jun 27, 2015 | Uncategorized
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...
by Joshua Neil Rubin | Feb 7, 2015 | Uncategorized
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. The proposed amendments to the Federal Rules of Civil Procedure reflect this emerging...
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...
