by Maureen O'NeillJanuary 30, 2014
So much of what we talk about in the e-Discovery space these days focuses on what’s new and exciting, and what cutting-edge technology promises to revolutionize the way we conduct document discovery. But it’s important not to forget one of the core components of discovery today, even in those cases that deploy the latest advanced technology: human document review. Virtually every litigation or regulatory matter involves some degree of document review.
by Maureen O'NeillJanuary 17, 2014
OK, this post won’t cover EVERYTHING you need to know about statistics in ediscovery. But it should provide a simple overview of the key concepts a litigator should understand to effectively incorporate statistical sampling into a discovery program. As you spot opportunities to incorporate statistical sampling into your e-discovery efforts, be sure to engage an expert who understands those nuances and can help ensure that your statistical sampling is correct, effective and defensible.
by Maureen O'NeillNovember 27, 2013
There’s a tired old joke out there among lawyers, many of whom sputter and wave their arms in protest when asked to engage in anything involving math: “But I went to law school to avoid math!” But for litigators engaged in discovery, math is no joke. In fact, to competently represent their clients, attorneys must acquire a basic working knowledge of a few key statistical concepts.
by Maureen O'NeillNovember 4, 2013
Efforts to Control Discovery Costs Can Still “Implode” Even When Parties Adopt a Model Discovery Order
Why Do Bad Things Happen to Good Litigants? Efforts to Control Discovery Costs Can Still “Implode” Even When Parties Adopt a Model Discovery Order. In a recent patent infringement case in the Northern District of California, MediaTek v.Freescale Semiconductor, the parties attempted to rein in the costs and burden of discovery by doing exactly what they’ve been instructed. They entered into an agreed-upon discovery order, similar to the Federal Circuit Advisory Council’s Model E-Discovery Order, which contained limits on the scope and quantity of discovery.
by Amy HinzmannSeptember 25, 2013
The authors of Predictive Coding, Storytelling and God: Narrative Understanding in e-Discovery examine sources from philosophy and psychology to make the case for the centrality of narrative, storytelling in e-Discovery, in constructing and anchoring the theory of relevance to be applied by human reviewers in a document review litigation matter.