Discovery Advocate

Discovery Advocate

News, Developments and Practical Advice on eDiscovery in the trenches of Litigation

Tag Archives: Predictive Coding

E-Discovery in 2013 – Waiting for Godot, Closing Kimonos, and Your World Doesn’t Just Seem Bigger

Posted in E-Discovery Advocacy and Management, E-Discovery Rules, Privacy
In some respects, 2013 seemed like a conversation between Vladimir and Estragon.  Some commentators likened it to a simple, unified message that finally had E-Discovery practitioners, litigators in general, and affected clients speaking the same language; others feared that a continuation of the status quo meant simply that another year had passed without addressing the … Continue Reading

Bring Your Geek to the Supreme Court Day Cancelled for Lack of Interest

Posted in Predictive Coding, TAR
Magistrate Judge Andrew J. Peck has observed that judicial understanding and resolution of ediscovery disputes can benefit from “bring your geek to court day” — where those knowledgeable about ESI issues in a case participate in court conferences.   As we predicted, the Supreme Court isn’t yet ready for Bring Your Geek to the Supreme Court Day. … Continue Reading

The Da Silva Moore Sideshow Seeks The Big Stage

Posted in Predictive Coding, TAR
Will a challenge to the use of predictive coding or technology-assisted review (TAR) disguised as a recusal fight capture the attention of the U.S. Supreme Court? Probably not. Recently, the Da Silva Moore plaintiffs petitioned the Supreme Court for certiorari on the narrow question of the standard of review for a recusal decision. And we all know … Continue Reading

Proportionality and Predictive Coding: A Hip Combination

Posted in Predictive Coding, Proportionality
Ok, excuse that bad joke. But the recent decision in In re: Biomet, the hip replacement multi-district litigation out of the Northern District of Indiana, is noteworthy because it discusses proportionality and predictive coding in the same space. The mere fact that predictive coding is an available tool doesn’t mean that it should be applied … Continue Reading

Judge Carter Refuses to Disqualify one of SDNY’s “Experts in E-Discovery” – Even More on Da Silva Moore

Posted in Predictive Coding
In prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding in a groundbreaking decision, only to have plaintiffs seek his recusal on the purported ground that … Continue Reading

Kleen Products Stipulation Resolves Request that Court Mandate Technology Assisted Review (for now)

Posted in Predictive Coding, TAR
As discussed in prior posts, the Da Silva Moore case is not the only story in the saga of predictive coding, or technology-assisted review (TAR). We alerted you that a magistrate judge in the Northern District of Illinois was hearing expert testimony on the effectiveness TAR. The discovery disputes in Kleen Products LLC v. Packaging … Continue Reading

Learning and Teaching About Predictive Coding Are Not Bases for Recusal – More on Da Silva Moore

Posted in Predictive Coding, TAR
Co-Authored by: Judy Selby and Jessica Nutt In prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding, as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding in a groundbreaking decision, only to face demands for … Continue Reading

District Court Upholds Da Silva Moore Predictive Coding Order

Posted in Predictive Coding, TAR
Contributing  Authors: Gil Keteltas and Jessica Nutt Just as we were predicting that the disqualification side show in Da Silva Moore would “not prevent the district court from reaching the merits of the predictive coding dispute,” Judge Andrew Carter’s April 25th order adopted “Judge Peck’s rulings because they were well reasoned and they consider the … Continue Reading

New Horizons in Three Concurrent Cases: Predicting the Future of Predictive Coding

Posted in Predictive Coding, TAR
Co-authored by: Jessica Nutt Add a recent Virginia state court order to the growing list of orders regarding the use of technology assisted review (TAR)/predictive coding to reduce the burdens and costs – and, some would claim, to increase the accuracy — of review of electronically stored information (ESI). In a short order, half handwritten, … Continue Reading