Predictive Coding Primer Part Two: Key Variables in a Predictive Coding Driven Review

As discussed in “Predictive Coding Primer Part One: Estimating Cost Savings,” the potential cost savings from predictive coding are substantial. If you are planning to implement the technology in your discovery plan, this article should be a useful primer on key points you’ll need to be aware of, variables at play, and their associated cost. (1)   Predictive Coding Technolog...
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Predictive Coding Primer Part One: Estimating Cost Savings

Numerous published articles have explored how predictive coding technology is a powerful e-discovery tool that, if used properly, can save clients a considerable amount of time and expense in the electronic discovery process. The practical application of predictive coding is perhaps best illustrated in Ralph Losey’s Predictive Coding Narrative, where he thoughtfully walks the r...
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Defensible Discovery: More than a Clawback Agreement

In a recent Discovery Order in the matter of Brookfield Asset Management, Inc. v. AIG Financial Products Corp., 2013 WL 142503 (S.D.N.Y. Jan. 7, 2013), Judge Maas held that AIG had the right to claw back its inadvertently produced privileged material regardless of the nature of its production based on the parties’ protective clawback agreement.  AIG had produced redacted drafts...
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Recent Order for Sanctions by N. District of Illinois Reinforces the Importance of Counsel’s Role in Supervising Discovery

In Peerless Indus., Inc. v. Crimson AV, LLC (N.D. Ill. Jan. 8, 2013), the Northern District of Illinois granted plaintiff’s motions for sanctions because defendants did not perform an adequate document collection and instead took “a back seat approach” and let the process “proceed through a vendor.” This opinion highlights a recent trend of courts and state bars cautioning clie...
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Six Tips for Protecting Your Client’s Privileged Information in E-Discovery

1.     Work with the client to obtain a list of in-house and outside counsel that have rendered legal advice to the client on any matter within the time frame of discoverable material.  Even when your client provides names of known counsel, new attorneys are always found during the course of the review that the client was unaware provided input on their matters.  The review tea...
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The Advantages of Using Proven Discovery Attorneys

With the rising costs of e-discovery, clients may be tempted to procure temporary contract attorneys offered by staffing agencies and managed review vendors at the lowest hourly rate. While it is imperative to have an e-discovery strategy to control spend, narrow the scope of the review set, and utilize the latest defensible technology; if part of your strategy is simply to ret...
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How to Budget for E-discovery: The Big 5 Expenses

Managing a budget in the unpredictable world of complex litigation challenges even the most experienced among us, demanding both flexibility and turn-on-a-dime responsiveness. The unprecedented capacity to collect terabytes of data, burdens imposed by unreasonable opponents, and aggressive scheduling orders are just a few factors that can send discovery costs skyrocketing.  For...
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DC UPL Committee Rules On Permissibility of Attorney Supervision by Discovery Services Companies

In a recent Opinion, the UPL Committee stated that discovery services companies may only handle the administrative aspects of supervising a document review, and may not perform any supervisory activities requiring the application of professional legal judgment.  It held that the “expanded scope of services offered by discovery service companies and the way that they are promote...
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The Rate of Review: A Legal Oxymoron

The American linguist, Noam Chomsky, once created the sentence “Colorless green ideas sleep furiously” to express the idea of an oxymoron, a sentence that was grammatically correct but did not make any sense.  We can read this sentence fine but it lacks any meaning.  Although nonsensical, we come across oxymorons all the time. In a recent job posting, a staffing agency looki...
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