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.”
Dispelling E-Discovery Myths: Some Advice For Junior Litigators
I recently collaborated with my colleague Amy Hinzmann on an article for the American Bar Association Securities Litigation Section Newsletter, where Amy uses a hypothetical e-discovery project as a teaching tool to help junior-level litigators better understand how to execute a high-volume, quick-turn e-discovery project, and to accomplish the work on time, at a reasonable cost, and with high quality. If you’re a junior lawyer, or inexperienced with e-discovery services and projects, please read on...
Switching Your E-Discovery Horse Midstream – Can You Jump on a Predictive Coding Pony?
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.
Back to Basics: How to Make Document Review Better
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.
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.