In the last few months, two different federal courts considered similar discovery scenarios, but reached opposite conclusions about how discovery should proceed. The parties agreed to a discovery plan that did not include the use of predictive coding. But after wading into discovery, the producing party realized that, in light of the volume of documents to be reviewed and the burden of conducting review with traditional methods, predicting coding could be worthwhile.
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.
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.