Archives: Search and Review

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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

Court Holds That Self-Selection Of Emails By Employee Satisfies Discovery Obligations

In Mirmina v. Genpact, LLC, Civil Action No. 3:16-CV-00614 (D. Conn. July 27, 2017), a federal court in an employment discrimination matter denied the plaintiff’s motion to compel discovery, finding that the defendant’s reliance on an employee involved in the litigation to self-select relevant documents was appropriate under the circumstances In this matter, the plaintiff … Continue Reading

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule and the privacy concerns implicated in the request.  In Carlson v. Jerousek, 2016 IL App (2d) 151248, P4 (Ill. App. Ct. 2d … Continue Reading

Cooperation Imperative In Searching Electronically Stored Information

Senior United States District Judge Terrence McVerry granted a party’s motion to compel the opposing party to meet and confer regarding search terms to apply to electronically stored information. In Pyle v. Selective Ins. Co. of Am., 2016 U.S. Dist. LEXIS 140789 (W.D. Penn. September 30, 2016), Plaintiff Pyle brought claims against former employer, alleging … Continue Reading

Federal Court In Washington Denies Motion To Compel Restoration Of Backup Tapes

A federal court in Washington recently denied a motion to compel the production of archived emails stored on backup tapes, rejecting the plaintiffs argument that the defendants culpability in failing to preserve the emails in a more accessible format outweighed the burden and cost to the defendant of restoration. In Elkharwily v. Franciscan Health System … Continue Reading

Federal Court In Virginia Rejects Defendant’s Proportionality Argument

A federal court in Virginia recently granted a plaintiff’s motion to compel the defendant to search its computer systems for electronically stored information, rejecting the defendant’s argument that the requested ESI was “inaccessible” due to burden and cost and that the requested discovery was not proportional to the needs of the case.  In Wagoner v. … Continue Reading

Explanation of the Legal Profession’s Remarkably Slow Adoption of Predictive Coding

Well-known predictive coding expert attorney, Maura Grossman, and her husband, noted information scientist, Gordon Cormack, recently began on article in Practical Law magazine with the assertion: Adoption of TAR has been remarkably slow, considering the amount of attention these offerings have received since the publication of the first federal opinion approving TAR use (see Da Silva Moore v. … Continue Reading

The Exploitation of America’s Cybersecurity Vulnerabilities by China and Other Foreign Governments

The Chinese People’s Liberation Army attacks American companies every day to try to steal trade secrets and gain commercial advantage for state controlled businesses. Criminal hackers can cause tremendous damage, whether trained in China or not. If a high level expert, such as any member of China’s elite Unit 61398, aka Comment Crew, gets into your system, they … 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

Employers Have An Obligation To Provide Meaningful Direction To Employees In Email Searches, But Employers Can’t Be Compelled To Recover Company Emails Stored On Personal Accounts Of Employees

This blog post is written by Douglas Johnston in our San Francisco office. A recent case from the Northern District of California raises the importance of actively engaging with employees to coordinate the search for documents and electronically-stored information to comply with the employer’s discovery obligations. At the same time, the Court ruled that an … 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

I’d Tell You My Keywords, But Then I’d Just Have to Cull You

This is part five of the continuing series on two-filter document culling. This is very important to successful, economical document review. Please read parts one, two, three and four before this one. More on the Dangers of Keyword Culling  In some cases keyword collections may be as risky as in the complex Biomet case, but may still be necessary because of the proportionality constraints of … 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

The Importance of Cybersecurity in eDiscovery

Cybersecurity is job number one for all litigation attorneys who handle confidential computer data. That’s because electronically stored information (ESI) held by law firms is now subject to frequent attack by criminal hackers. They have figured out that attorneys store valuable data of their clients in law firm computers. So when hackers cannot get at … Continue Reading
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