Category: eDiscovery and Litigation Support

On Friday, Judge Andrew J. Peck issued an important ruling in Monique Da Silva Moore v. Publicis Groupe & MSL Group, a widely followed discovery dispute about computer assisted document review in discovery.  Judge Peck held that “computer-assisted review is an acceptable way to search...

This is a live blog post from Legal Tech NY. The session is Judicial Perspectives on Technology-Assisted Review, hosted by Xerox Litigation Services. The panelists are Judges Andrew M. Peck, Frank Maas, David Waxse, and Sr. Master Steven Whitaker. Gabriela P. Baron of XLS moderate....

Over the weekend I was reminded of how, in the early days of the Net, Google supplanted Yahoo as the place to find websites. And that made me think about the current e-discovery predictive coding discussions.  The web exploded around 1995. Yahoo! was among the...

This is a live blog post from the Masters Conference session, A Discussion about the Emergence of Electronic Discovery Related Certifications. Good, bad, Indifferent? The panelists are Magistrate Judge John M. Facciola, DC; Charles Intriago, ACEDS; Tom O’Connor, OLP; and Allison Skinner, ACESIN.   [I...

Recently Law Technology News published a set of articles on e-discovery certification. I stated my views in my post Calming the E-Discovery Certification Waters – Comments on LTN Articles. Subsequently I had an interesting e-mail exchange on the topic. I share here, with his permission,...

Law Technology News (1 August 2011) carries four related articles about recent e-discovery certification developments. For those interested in the topic, this is essential reading.  The lead article by well-know e-discovery expert Patrick Oot, E-Discovery Certification: Sham Exams?, questions the value of certifications; the related...

Last month I suggested in Wall Street Traders Trust Computers, Why Don’t Lawyers? that the time has come to rely on automated document review in discovery. A comment by Keith H. Mullen of Winstead Attorneys raises a great question, which I address here.  [I drafted...

A hot legal topic is predictive coding in e-discovery. In the automated approach to reviewing discovery documents for responsiveness, computers do much of the work instead of armies of humans reviewing each document. Those who doubt the reliability – and I would argue inevitability –...