About

Online images of Ralph through the years

Online images of Ralph over the yrs

Welcome to the e-Discovery Team Blog by Ralph Losey who can be reached at ralph.losey@gmail.com. Ralph is a lawyer in private practice In Florida with a background in litigation and computers since 1979. He is a Shareholder of Jackson Lewis P.C. and the firm’s National e-Discovery Counsel. Ralph has limited his practice to e-discovery law since 2006.  See the important disclaimer and notice about this blog, which is his own creation and contains his own views, and that of other contributors, not that of his law firm or anyone else. This blog provides education, information, and editorial opinions only, not legal advice. It is certainly not an ad or solicitation to provide legal services.

Ralph is the author of numerous legal publications in the field of e-discovery, including five books on e-discovery: e-Discovery Stories from the Cutting Edge of Law and Technology (e-Discovery Team iBook, 2012); Adventures in Electronic Discovery (West, Spring 2011); Electronic Discovery: New Ideas, Trends, Case Law, and Practices (West 2010); Introduction to e-Discovery, (ABA 2009); and, e-Discovery: Current Trends and Cases (ABA 2008). In addition to private practice as a lawyer, Ralph served as a professor at the University of Florida School of Law for several years, eventually transforming his various classes into an online course now available to students worldwide at e-Discovery Team Training.

Ralph is a frequent speaker at e-discovery conferences world-wide and a leading contributor in the field of Legal Search. His work focuses on the use of Artificial Intelligence enhanced review to find evidence in Big Data for the resolution of legal disputes. His contributions to the field include both academic-scientific research, and real world litigation applications, such as his role as lead technology counsel for the defense in the landmark decision first approving the use of predictive coding, Da Silva Moore.

Ralph’s latest projects include:

  • Research and development of new types of legal search methods that utilize the latest predictive coding type algorithms. See the CAR page above.
  • The formation of an extensive, for profit online education project, called e-Discovery Team Training, that provides law school quality instruction to everyone. See the School tab above for more information on Ralph’s thoughts about education.
  • Assist in the formation of a not-for-profit educational foundation, IT-Lex.org, led by his son, Adam Losey. This foundation is oriented to younger lawyers and law students. Its activities include a writing contest with large cash awards, twice-a-day blogs, and annual CLE events, Innovate.
  • Creation of a new type of technical search method for corporate compliance that uses big data analytics. Ralph calls his method PreSuitand is described in PreSuit.com. He has developed a new application of active machine learning, a type of artificial intelligence. It scans select corporate data, including email, to detect legal wrongs in the making before they mature into lawsuits. PreSuit™ can detect and prevents law suits before they are filed.
  • Creation of a website that collects the best legal-practices in e-discovery, called EDBP.com, which stands for Electronic Discovery Best Practices. This free information service includes a new ten-step flow-chart that Ralph created, which outlines the basic services, shown below. This is a workflow of legal services only, and is thus a new and different model than the traditional EDRM model, which includes non-legal technical services.

EDBP.com You are free to use this chart in any manner so long as you do not chnage it.

This Blog and the Team Approach?

As the name of this blog suggests, it pertains to all aspects of Electronic Discovery and stresses the team approach. It is designed for all levels and types of readers, from litigators with years of experience in e-discovery,  sophisticated in-house counsel, beginning lawyers and paralegals, and law students, to non-lawyer IT experts and other professionals in the growing fields of e-discovery and information management. These essays discuss the unique problems of e-discovery, and the latest trends, case law, and events in this field. These blogs also explain in detail one part of Losey’s solution to the problems of e-discovery, an interdisciplinary team approach, led, but not dominated by, technologically savvy lawyers.

The world as we know it today is dominated by computers and other technologies. This is not a passing fad; it is a new culture.  An information and technology age is rapidly replacing the old ways in every field, including the law. This is particularly evident for companies and attorneys involved with litigation. They must not only understand the law, and the facts of a dispute, but also the organization’s computer systems and data retention practices. The failure of otherwise excellent in-house counsel and their trial lawyers to understand the new technologies and their impact on evidence and discovery has led to some spectacular losses over the past decade by some of the top corporations in the country and the law firms that represent them. The December 1, 2006, changes to the Federal Rules of Civil Procedure, and case law have only intensified the problem.

Sierpinski Triangle FractalIf a large organization is involved in litigation, and that includes almost every large company and branch of government, it must solve this problem. The basic solution to this problem, which since the formation of this blog in 2006 has become the consensus answer, is formation of an e-Discovery Team, an interdepartmental group comprised of lawyers, IT engineers, and information scientists/managers. It rests on the three pillars of knowledge essential to effective e-discovery: Information Science, Law and Technology.

Please let me know your ideas and comments concerning this blog. You can send me a personal email at ralph.losey@gmail.com. Also, please feel free to leave any non-commercial comments to this blog, which can be read by all.  I retain all copyrights and may need to edit comments, but I welcome dissenting views.

71 Responses to About

  1. molly losey says:

    YOU ROCK.

  2. sam solomon says:

    just found this resource. a really good job. thanks sam

    are you going to sedona end of april? if you are we can meet then. sam

  3. Alex says:

    Thank You

  4. Rob Robinson says:

    Excellent insight and instruction – thank for the time invested in this useful resource.

  5. Heidi Maher says:

    This is a very informative and insightful blog. Definately one to put on your favorites and check everyday. Thanks for shedding light on complex issues.

  6. Joanne says:

    Enjoy your blog. I am very experienced in complex litigation/e-discovery work and I must note that I have not yet seen a discussion of the best ways to properly prepare a client for all the tech supprt necessary to actually conduct the large scale doc review (# 6) above. This process requires hiring from 30 – 100 + attorneys to work 60+ hours a week for months on end on large scale projects. This is a very labor intensive and expensive phase of e-discovery. It has been my experience that the software programs/vendors/consultants/servers/internet pipelines etc. etc. are poorly chosen (cost) causing serious delays and cost over runs on many projects. I also note that so called service providers in this area often employ very junior and inexperienced people to serve as “techs” and ‘on-site trainers’ who are not really up to the task of servicing the daily needs of complex project workflow. I understand that clients make cost driven choices in these matters but they wind up paying far more in the end in excessive attorney hours and overtime because they don’t properly prepare for the review phase.

  7. Ralph Losey says:

    You raise a good issue. Any thoughts on how to do that would be appreciated. Many people, and cos, seem to be penny wise and pound foolish. Most of the expense in large projects is review, and I have tried to make that point several times.

    • Terry Dexter says:

      Are tool vendors aligned more towards a particular type of litigation (e.g., patent vs. civil rights vs. contract)? If so, that would be one means to categorize. The next method I suggest is to qualify each tool by the type of algorithm used. For example, a simple text search would be given a low score while an AI based tool capable of conducting semantic searches would be given a high value.

      Then again, we still have to deal with stegongraphy, OCR conversions and the odd extremelylongrunonsentencethatdescribestheinnerworkingsofapatent.

  8. Rohit Retharekar says:

    Each process is explained thoroughly. Clears all doubts about e-discovery. Good job done

  9. Frank says:

    Wow. Fantastic flow charts. Your use of visuals here was better than most of the text books I read, let alone blogs. Thanks a million for putting in the time here.

  10. Mike Cummins says:

    Very informative website and appropriate. As a representative on the IT side of the house, I can confirm that cost is a big push-back on bringing attorney review technology platforms in house and for companies that are involved in a relatively small number of litigations (say once per year), the cost of maintaining expertise in operating those platforms is also of concern.

    IT departments quite easily fall into the trap you describe of over collection not really understanding what happens once turned over for review. Even the in-house managing attorney is not cognizant of the cost of over collection. Outsourcers (both technology and outside counsel) are usually all too happy to get terrabytes of ESI to justify exorbitant review costs.

    I have done some research into attorney review platforms that can be used in-house and I’m curious if you have any experience with any of those. As it’s an emerging product space, there are wide gaps in offerings and costs and I’m looking to narrow the field down by leveraging others’ experiences.

    Thanks for your posts!

  11. How does one subscribe to your blog? You are dead on. With being in the industry, I enjoy hearing others views to validate what I have learned thus far. Keep these coming. Have a great and most successful day.

  12. Amy Lechner says:

    Ralph, thank you for the insight and resource of your blog. I wonder if you would consider setting up and RSS feed (strictly for the ease of your readers)?

    Be well,
    Amy

  13. Ralph,

    Your blog represents the depth of your understanding of e-discovery on the whole.

    What is more important is to make sense to the reader. I am new to e discovery and did derive immense knowledge and pleasure by reading your article.

    Great job!

    regards
    balaji

  14. Nice job on the blog!

    I am a records management expert credentialed in medical records (HIM or Health Information Management) and specialize in Legal Health Records and eDiscovery in healthcare. I live near Orlando (Titusville) and thought I should reach out and make a connection. A friend of mine Kim Baldwin-Stried Reich speaks highly of you. When you have a chance please e-mail me at the e-mail address I posted with this message. Thank you.

  15. Kim Gist says:

    Do you have a web feed I can save? I searched around but couldn’t

  16. Farab says:

    Enjoy your blog. I am very experienced in complex litigation/e-discovery work and I must note that I have not yet seen a discussion of the best ways to properly prepare a client for all the tech supprt necessary to actually conduct the large scale doc review (# 6) above. This process requires hiring from 30 – 100 + attorneys to work 60+ hours a week for months on end on large scale projects. This is a very labor intensive and expensive phase of e-discovery. It has been my experience that the software programs/vendors/consultants/servers/internet pipelines etc. etc. are poorly chosen (cost) causing serious delays and cost over runs on many projects. I also note that so called service providers in this area often employ very junior and inexperienced people to serve as “techs” and ‘on-site trainers’ who are not really up to the task of servicing the daily needs of complex project workflow. I understand that clients make cost driven choices in these matters but they wind up paying far more in the end in excessive attorney hours and overtime because they don’t properly prepare for the review phase.
    +1

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  66. […] Ralph Losey is a lawyer in private practice with a background in litigation and computers since 1979. He is a Partner of Jackson Lewis, LLP, and the firm’s National e-Discovery Counsel. Ralph has limited his practice to e-discovery law since 2006.  Read more … […]

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