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
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
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
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 producing party than to the receiving party. And, in a way, predictive coding is actually the opposite of post-production analysis. Continue reading
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 resolution.
Please take a look at Craig Ball’s informative blog post on deduplication and my comment. Craig explains why deduplication isn’t more widely used even though it makes ediscovery faster and cheaper, and he describes the main methods of deduplication. I add my view that reasonable counsel should agree on a bilateral deduplication method before any deduplication is done, and I include a few considerations about how counsel should use proportionality to determine what method is appropriate under the circumstances.
My last post showed how you can use pre-reviewed seed sets of relevant and irrelevant documents to help prioritize unreviewed documents, using WordSmith 6 from Lexical Analysis Software Ltd. (USD $88.73 or EUR €67.57 from lexically.net – Please note that I’m not affiliated with Lexical.)
Here’s how you can help your document reviewers hit the ground running by investing a few hours of attorney or paralegal time with WordSmith before you’ve reviewed any documents. Continue reading
Amazon.com computes and displays “Statistically Improbable Phrases” for its indexed books. It defines a Statistically Improbable Phrase as “a phrase that occurs a large number of times in a particular book relative to all [indexed] books.” You can use similar statistics to help you improve your technology-assisted review. Continue reading