“Da Silva Moore Revisited” Will Be Visited by a Newly Appointed Special Master: eDiscovery Case Law

By : Doug Austin

In Rio Tinto Plc v. Vale S.A., New York Magistrate Judge Andrew J. Peck, at the request of the defendant, entered an Order appointing Maura Grossman as a special master in this case to assist with issues concerning Technology-Assisted Review (TAR).

This Study Discusses the Benefits of Including Metadata in Machine Learning for TAR: eDiscovery Trends

By : Doug Austin

A month ago, we discussed the Discovery of Electronically Stored Information (DESI) workshop and the papers describing research or practice presented at the workshop that was held earlier this month and we covered one of those papers a couple of weeks later. Today, let’s cover another paper from the study.

Craig Ball Explains HASH Deduplication As Only He Can: eDiscovery Best Practices

By : Doug Austin

Ever wonder why some documents are identified as duplicates and others are not, even though they appear to be identical? Leave it to Craig Ball to explain it in plain terms.

Here’s One Study That Shows Potential Savings from Technology Assisted Review: eDiscovery Trends

By : Doug Austin

A couple of weeks ago, we discussed the Discovery of Electronically Stored Information (DESI) workshop and the papers describing research or practice presented at the workshop that was held earlier this month. Today, let’s cover one of those papers.

DESI Got Your Input, and Here It Is: eDiscovery Trends

By : Doug Austin

Back in January, we discussed the Discovery of Electronically Stored Information (DESI, not to be confused with Desi Arnaz, pictured above) workshop and its call for papers describing research or practice for the DESI VI workshop that was held last week at the University of San Diego as part of the 15th International Conference on Artificial Intelligence & Law (ICAIL 2015). Now, links to those papers are available on their web site.

Court Orders Deposition of Expert to Evaluate Issues Resulting from Plaintiff’s Deletion of ESI: eDiscovery Case Law

By : Doug Austin

In Procaps S.A. v. Patheon Inc., Florida District Judge Jonathan Goodman ordered the deposition of a third-party computer forensic expert, who had previously examined the plaintiff’s computers, to be conducted in part by a Special Master that had been appointed to examine the eDiscovery and forensic issues in the case. The purpose of the ordered deposition was to help the Court decide the issues related to files deleted by the plaintiff and assist the defendant to decide whether or not to file a sanctions motion.

Here’s a New Job Title that May Catch On – Chief Data Scientist: eDiscovery Trends

By : Doug Austin

With big data becoming bigger than ever, the ability for organizations to apply effective data analytics within information governance and electronic discovery disciplines has become more important than ever. With that in mind, one law firm has created a new role that might catch on with other firms and corporations – the role of Chief Data Scientist.

For a Successful Outcome to Your Discovery Project, Work Backwards: eDiscovery Best Practices

By : Doug Austin

While the Electronic Discovery Reference Model from EDRM has become the standard model for the workflow of the process for handling electronically stored information (ESI) in discovery, it might be helpful to think about the EDRM model backwards, whether you’re the producing party or the receiving party.

For Better Document Review, You Need to Approach a ZEN State: eDiscovery Best Practices

By : Doug Austin

Among the many definitions of the word “zen”, the Urban Dictionary provides perhaps the most appropriate (non-religious) definition of the word, as follows: a total state of focus that incorporates a total togetherness of body and mind. However, when it comes to document review, a new web site by eDiscovery thought leader Ralph Losey may change your way of thinking about the word “ZEN”.

This Guy Says that Computers Could Eventually Replace Lawyers – In the Courtroom: eDiscovery Trends

By : Doug Austin

Over four years ago, we covered an article in The New York Times that discussed how the use of artificial intelligence could lead to replacing “armies of expensive lawyers” during the eDiscovery process. Now, a new article in The Wall Street Journal online goes a step further, speculating that “computers will eventually pass the legal bar exam and defendants will be given the right to be represented by a computational attorney if they so wish”.

Court Agrees with Plaintiffs, Orders Provision for Qualitative Sampling of Disputed Search Terms: eDiscovery Case Law

By : Doug Austin

In the case In Re: Lithium Ion Batteries Antitrust Litigation, California Magistrate Judge Donna M. Ryu ordered the defendants to comply with the plaintiffs’ proposed qualitative sampling process for keyword search terms, citing DaSilva Moore that keywords “often are overinclusive”.

Organizations are Increasing Their Investment in Legal Data Analytics, According to New Survey: eDiscovery Trends

By : Doug Austin

According to a new survey of more than 125 legal technology professionals released by Huron Legal earlier this week, 68% of respondents expect their organizations’ investment in legal data analytics to increase in the next two years.

Judge Peck Wades Back into the TAR Pits with ‘Da Silva Moore Revisited': eDiscovery Case Law

By : Doug Austin

In Rio Tinto Plc v. Vale S.A., New York Magistrate Judge Andrew J. Peck approved the proposed protocol for technology assisted review (TAR) presented by the parties, but made it clear to note that “the Court's approval ‘does not mean. . . that the exact ESI protocol approved here will be appropriate in all [or any] future cases that utilize [TAR].’”

Jason R. Baron of Drinker Biddle & Reath LLP: eDiscovery Trends

By : Doug Austin

Today’s thought leader is Jason R. Baron. An internationally recognized speaker and author on the preservation of electronic documents, Jason is a member of Drinker Biddle’s Information Governance and eDiscovery practice and also a member of the leadership team for the Information Governance Initiative. Jason previously served as Director of Litigation for the U.S. National Archives and Records Administration (NARA) and as trial lawyer and senior counsel at the Department of Justice. He was a founding co-coordinator of the National Institute of Standards and Technology TREC Legal Track, a multi-year international information retrieval project devoted to evaluating search issues in a legal context. He also founded the international DESI (Discovery of Electronically Stored Information) workshop series, bringing together lawyers and academics to discuss cutting-edge issues in eDiscovery.

Tom O’Connor of Advanced Discovery: eDiscovery Trends

By : Doug Austin

Today’s thought leader is Tom O’Connor. Tom is a nationally known consultant, speaker and writer in the area of computerized litigation support systems. A frequent lecturer on the subject of legal technology, Tom has been on the faculty of numerous national CLE providers and has taught college level courses on legal technology. Tom's involvement with large cases led him to become familiar with dozens of various software applications for litigation support and he has both designed databases and trained legal staffs in their use on many of the cases mentioned above. This work has involved both public and private law firms of all sizes across the nation. Tom is the Director of the Gulf Coast Legal Technology Center in New Orleans and he just joined Advanced Discovery as a Senior ESI Consultant in January.

Alon Israely, Esq., CISSP of BIA: eDiscovery Trends

By : Doug Austin

Today’s thought leader is Alon Israely. Alon is the Manager of Strategic Partnerships at Business Intelligence Associates, Inc. (BIA) and currently leads the Strategic Partner Program at BIA. Alon has over eighteen years of experience in a variety of advanced computing-related technologies and has consulted with law firms and corporations on a variety of technology issues, including expert witness services related to computer forensics, digital evidence management and data security. Alon is an attorney and a Certified Information Systems Security Professional (CISSP).

EDRM Publishes Updated Statistical Sampling Guide with Public Comments: eDiscovery Trends

By : Doug Austin

In 2012, we covered EDRM’s initial announcement of a new guide called Statistical Sampling Applied to Electronic Discovery and we covered the release of the updated guide (Release 2) back in December. That version of the guide has now been updated with feedback from the comment period.

The First 7 to 10 Days May Make or Break Your Case: eDiscovery Best Practices

By : Doug Austin

When a case is filed, several activities must be completed within a short period of time (often as soon as the first seven to ten days after filing) to enable you to assess the scope of the case, where the key electronically stored information (ESI) is located and whether to proceed with the case or attempt to settle with opposing counsel. Here are several of the key early activities that can assist in deciding whether to litigate or settle the case.

DESI Wants Your Input! – eDiscovery Trends

By : Doug Austin

It’s not Desi Arnaz who wants it, but the Discovery of Electronically Stored Information (DESI) VI workshop, which is being held at the University of San Diego on June 8 as part of the 15th International Conference on Artificial Intelligence & Law (ICAIL 2015).

Three “C”s, Cowboys, Cannibals and Craig (Ball) – eDiscovery Best Practices

By : Doug Austin

They say that a joke is only old if you haven’t heard it before. In that vein, an article about eDiscovery is only old if you haven’t read it before. Craig Ball is currently revisiting some topics that he covered ten years ago with an updated look, making them appropriate for 1) people who weren’t working in eDiscovery ten years ago (which is probably a lot of you), 2) people who haven’t read the articles previously and 3) people who have read the articles previously, but haven’t seen his updated takes. In other words, everybody.

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About the Bloggers

Brad Jenkins

Brad Jenkins, President and CEO of CloudNine Discovery, has over 20 years of experience leading customer focused companies in the litigation support arena. Brad has authored many articles on litigation support issues, and has spoken before national audiences on document management practices and solutions.

Doug Austin

Doug Austin, Professional Services Manager for CloudNine Discovery, has over 20 years experience providing legal technology consulting and technical project management services to numerous commercial and government clients. Doug has also authored several articles on eDiscovery best practices.

Jane Gennarelli

Jane Gennarelli is a principal of Magellan’s Law Corporation and has been assisting litigators in effectively handling discovery materials for over 30 years. She authored the company’s Best Practices in a Box™ content product and assists firms in applying technology to document handling tasks. She is a known expert and often does webinars and presentations for litigation support professionals around the country. Jane can be reached by email at jane@litigationbestpractices.com.