by Maureen O'NeillApril 18, 2015
Last month in Rio Tinto PLC v. Vale S.A., Magistrate Judge Peck issued another order regarding the use of predictive coding (a.k.a technology assisted review, or TAR). Judge Peck’s titling of the order was “Da Silva Moore Revisited”, to signal the importance of the Rio Tinto case in eDiscovery practice.
by Maureen O'NeillMarch 28, 2015
How to Go Where Angels Fear to Tread: Best Practices for Developing and Negotiating Keyword Search Terms
In United States v. O’Keefe, former U.S. Magistrate Judge John Facciola tackled the subject of using keyword search terms to help identify relevant documents for production in discovery. Observing that the proper use of search terms in ediscovery involves “the sciences of computer technology, statistics and linguistics,” the Judge offered the now famous quip that, for lawyers and judges to opine on the effectiveness of a given set of search terms “is truly to go where angels fear to tread.”
by Maureen O'NeillJuly 26, 2014
As most litigants are painfully aware, document review – even when managed efficiently and cost-effectively – often is the most expensive component of discovery. And in many cases the “second-pass” review of relevant documents for privilege, and the capture of information about privileged documents for the privilege log, becomes the most costly aspect of document review.
by Maureen O'NeillMarch 20, 2014
Putting Statistics to Work in eDiscovery: Use Cases for Incorporating Statistical Sampling and Analysis
In two prior posts, I first made the case that all litigators need to understand some basic statistics, and then provided a primer on the key statistical concepts in ediscovery they should know. In this final post in the statistical sampling series, I suggest some of the best opportunities for incorporating statistical sampling and statistical analysis into discovery efforts.
by Maureen O'NeillFebruary 21, 2014
The saga of Stephen Glass is juicy. When it comes to admission to the California bar, being “earnest” isn’t enough. As the California Supreme Court recently reiterated, members of the bar must demonstrate good moral character, including the traits of “honesty, fairness, candor, trustworthiness, [and] observance of fiduciary responsibility.”