Tag Archives: Sedona Conference

Perfection Not Required in Technology Assisted Review, but Transparency Might Be

Photo of Nichole SterlingPhoto of James A. ShererBy Nichole Sterling and James A. Sherer on Posted in E-Discovery Rules, LegalTech, TAR
A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into how judges will consider the use of advanced analytics in litigation. In Winfield v. City of New York, Magistrate Judge Katharine H. Parker … Continue Reading

Proportionality and Predictive Coding: A Hip Combination

By Karin Scholz Jenson on 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

Production Gaps in Two Kansas Employment Cases Lead to Evidentiary Hearing and Order to Produce Hard Drive Images

Photo of Paul LevineBy Paul Levine on Posted in Gap Analysis, The Sedona Conference
Co-authored by: Gil Keteltas In reviewing an opponent’s production of electronically stored information (ESI), you may start out with the common sense question, “What information is missing that I expected to see based on the claims and defenses in dispute?”   This question, a somewhat informal “gap analysis,” is central to two recent employment litigation decisions … Continue Reading

Sedona Conference Issues Draft Guidance on Ethics and Metadata

Photo of Gilbert S. KeteltasBy Gilbert S. Keteltas on Posted in Ethics, Metadata, The Sedona Conference
The Sedona Conference’s recently published draft Commentary on Ethics & Metadata is a practical guide to the different and sometimes conflicting duties a lawyer faces in two very different contexts: every day communications with third parties and discovery.  In short – context is everything when it comes to metadata. The Commentary begins with a brief … Continue Reading
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