Archives: Predictive Coding

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New Books by Jackson Lewis Principal and New Services for Predictive Coding Assisted Document Review

I serve as National e-Discovery Counsel for Jackson Lewis. I wanted to let you know that I had two books published this year by the ABA. In one, E-Discovery For Everyone, I am the sole author (available now on Amazon). The Foreword is by Judge Paul Grimm. This is my fourth book on electronic discovery. In … Continue Reading

Conclusion to 14 Part Series on Document Culling

This is Fourteenth and Final blog in a series on two-filter document culling. (Yes, we went for and obtained a world record on longest law blog series!) Document culling is very important to successful, economical document review. Please read parts one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve and thirteen before this one.  Conclusion There is much more to efficient, effective review than just using … Continue Reading

Case Example of Quick Peek Type of Production Without Full Manual Review

This is part Thirteen of the continuing series on two-filter document culling. (Yes, we are going for a world record on longest law blog series.:) Document culling is very important to successful, economical document review. Please read parts one, two, three, four, five, six, seven, eight, nine, ten, eleven and twelve before this one. Limiting Final Manual Review In some cases you can, with client permission (often insistence), … Continue Reading

Review of the Basic Idea of Document Culling

This is part Twelve of the continuing series on two-filter document culling. (Yes, we are going for a world record on longest law blog series.:) Document culling is very important to successful, economical document review. Please read parts one, two, three, four, five, six, seven, eight, nine, ten and eleven before this one. Review of Basic Idea of Two Filter Search and Review Whether you use … Continue Reading

Kulling With or Without Robots: Second Stage Predictive Coding Culling

This is part Eleven of the continuing series on two-filter document culling. (Yes, we are going for a world record on longest law blog series.:) Document culling is very important to successful, economical document review. Please read parts one, two, three, four, five, six, seven, eight, nine and ten before this one. Irrelevant Training Documents Are Important Too In the second filter you are … Continue Reading

Kulling With Three Kinds of Predictive Coding Ranking Methods

This is part Ten of the continuing series on two-filter document culling. This is very important to successful, economical document review. Please read parts one, two, three, four, five, six, seven, eight and nine before this one. Three Kinds of Second Filter Probability Based Search Engines After the first round of training (really after the first document is coded in software with continuous active … Continue Reading

Kulling Robots: Fine grained second filter culling by use of predictive coding

This is part Nine of the continuing series on two-filter document culling. This is very important to successful, economical document review. Please read parts one, two, three, four, five, six, seven and eight before this one. Second Filter – Predictive Culling and Coding The second filter begins where the first leaves off. The ESI has already been purged of unwanted custodians, date … Continue Reading

Kulling Time: Non-text files, concept searches, similarity searches and email domain culling

This is part Eight of the continuing series on two-filter document culling. This is very important to successful, economical document review. Please read parts one, two, three, four, five, six and seven before this one. First Filter – Still More MultiModal Culling Some non-text file types will need to be diverted for different treatment than the rest of your text-based dataset. For instance, … Continue Reading

Culling Me Softly: File Size, File Type and Words of Warning

This is part Seven of the continuing series on two-filter document culling. This is very important to successful, economical document review. Please read parts one, two, three, four, five and six before this one. First Filter – Other MultiModal Culling There are many other bulk coding techniques that can be used in the first filter stage. This is not intended to … Continue Reading

The Culling Fields: Date Range and Custodian Culling

This is part Six of the continuing series on two-filter document culling. This is very important to successful, economical document review. Please read parts one, two, three, four and five before this one. First Filter – Date Range and Custodian Culling Even when you collect in bulk, and do not keyword filter before you put custodian ESI in the review database, in … Continue Reading

To Cull a Mockingbird: the popular, but risky, “keyword” collection filter

This is part four of the continuing series on two-filter document culling. Please read part one and part two and part three first. Hopefully you will like this part four sequel better than Harper Lee’s sequel. First Filter Some first stage filtering takes place as part of the ESI collection process. The documents are preserved, but not collected, … Continue Reading

The Culling Fields: some software is better than others at efficient document culling

This is part three of the continuing series on two-filter document culling. Please read part one and part two first. A word of caution before I get into the weeds of how two-filter document culling works. Although this method is software agnostic, in order to fully emulate this method, your document review software must have certain basic capabilities. … Continue Reading

License to Cull: why efficient and effective document review is important to our system of justice

This is part two of the continuing series on two-filter document culling. Please read part one first. Every attorney has a license to cull irrelevant data before beginning expensive linear review. In fact, it is fair to say that they have a duty to do so to protect their clients and country from waste and abuse. … Continue Reading

Two-Filter Document Culling: the first in a series of blogs explaining an advanced document review technique

This is the first in a series of blogs describing a two-filter method for the identification and mass culling of irrelevant documents. The method is designed for use before commencing a detailed attorney review. The efficacy of any large-scale document review project can be enhanced by this method. In my experience, it not only helps to … Continue Reading

Facebook’s “Hacker Way” of Management and e-Discovery

Facebook’s regulatory filing for its initial public stock offering included a letter to potential investors by 27 year old billionaire Mark Zuckerberg. The letter describes the culture and approach to management that he follows as CEO of Facebook. Most high-tech companies today follow this same management credo. Zuckerberg calls it the Hacker Way. Mark did not invent this culture. … Continue Reading

Predictive Coding and Scientific Research

One of the most promising ways to lower the cost of review in large e-discovery projects is the use of advanced search technologies, primarily active machine learning, known as Predictive Coding, TAR (Technology Assisted Review) or CAR (Computer Assisted Review), to cull down and code documents. Using this kind of artificial intelligence to augment legal … Continue Reading

More Courts Are Requiring Disclosure of Keywords

There is a clear trend in the law for a producing party to make disclosure of the keywords used to find documents responsive to a request for production. Moreover, all the requesting party has to do is ask. There is no requirement for a showing of good cause. This represents a further erosion of the … Continue Reading

$2.8 Million Award for Predictive Coding Expenses in a Trade Secret Case

A new decision out of California will be of interest to both trade secret and e-discovery lawyers: Gabriel Tech. Corp. v. Qualcomm Inc., 2013 WL 410103 (S.D.Cal. Feb. 1, 2013). The court awarded fees to the prevailing defendant under both 35 U.S.C. §285 and §3426.4 of California’s Uniform Trade Secrets Act. The amount of the … Continue Reading
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