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Sampling for Sensitive Data: Sample “Depth”

In this post, we focus on a complexity of estimating richness, precision, and recall when searching for sensitive information: sample “depth.” Sample “depth” is the level at which we intend to measure and remediate. Learn about sensitive data in your sampling.

EU-US Privacy Shield – The Price of Admission

On July 12, 2016, the European Commission announced its final approval of the EU-US Privacy Shield framework, which replaces the US Department of Commerce "Safe Harbor" program. Safe Harbor formerly served as one of several mechanisms for companies in the EU to transfer personal data from the EU to the US, but the European Court of Justice invalidated the program in the fall of 2015, on the grounds that it failed to adequately protect the privacy rights of EU citizens.

Magistrate Judge Peck Encourages Litigants – But Won’t Force Them – to Use TAR

In this employment discrimination case against the City of New York, the parties asked the court to resolve a number of discovery disputes, including a disagreement about the methodology that should be used to find responsive documents. The City preferred to use keyword searches, and the parties had engaged in some preliminary discussions about the appropriate keywords. Read about Judge Peck's order on technology assisted review.

“Predictive Coding Must Be the Way Forward” – So Says the UK High Court of Justice

Back in March we reported on Pyrrho Investments Ltd. v. MWB Property Ltd., the first order by a British court approving the use of the use of technology assisted review (TAR) for litigation disclosures. In that case, Master Matthews drew heavily from Magistrate Judge Peck’s landmark decision in Da Silva Moore v. Publicis Groupe, and crafted a list of ten factors weighing in favor of the use of TAR. The court found no factors suggesting TAR should not be used. Now, another UK court has approved the use of TAR, but this time in a different posture.

What’s Next for E-Discovery? Legaltech West Coast Offered Some Insight.

What’s next for e-Discovery in the United States and beyond? Earlier this week at Legaltech West Coast, we assembled three panels of experts—including some of the country’s most well-respected federal magistrate judges—to explore answers to that question. The discussions were lively, thought-provoking, and sometimes funny (even we can’t take e-Discovery too seriously).