Richness and Precision and Recall (Oh My!)

Read our discussion and education for eDiscovery practitioners focused on the context of statistical testing and measurement of techniques used to find documents containing relevant information for discovery—a context in which these statistics are fairly well-settled and easily understood.

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.”

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.


Everything Litigators Need to Know About Statistics in eDiscovery (But Were Afraid to Ask)

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.


Yes, Counselor, There Will Be Math: Why Litigators Need to Learn Some Statistics

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.