Ralph Losey Biography

Ralph_Losey_2013_abaRalph C. Losey
Principal & National e-Discovery Counsel
Jackson Lewis P.C.

390 N. Orange Ave., Suite 1285
Orlando, Florida 32801
407-246-8439
Ralph.Losey
@jacksonlewis.com

Practice Areas
Electronic Discovery, AI-Enhanced Document Review, Information Technology, Cybersecurity, Employment and Commercial Litigation including Qui Tam

Education
University of Florida College of Law, Gainesville, FL, 1979, J.D. Honors
Vanderbilt University, Nashville, Tennessee, 1973, B.A.
Institute of European Studies, Vienna, Austria, 1971-1972
Bar Admissions
1980, Florida

Court Admissions
U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida
U.S. District Court, Southern District of Florida
U.S. Court of Appeals, Eleventh Circuit
U.S. Supreme Court

Professional Associations and Memberships
The Florida Bar
Orange County Bar Association
The Sedona Conference (retired)
NIST’s TREC 2015 and 2016 Recall Track Participant and Team Leader
InfraGard, Orlando Chapter
Claims & Litigation Management Alliance

Adjunct Professor of Law
2008-2012: University of Florida College of Law: Introduction to Electronic DiscoveryAdvanced e-Discovery Seminar; Online e-Discovery.

Professional Experience 

Ralph C. Losey is a principal of Jackson Lewis, a national labor and employment law firm with over 50 offices throughout the U.S. and 800 plus attorneys. Ralph serves as Jackson Lewis’ National e-Discovery Counsel supervising all e-discovery activities. He is also the principal in charge of Litigation Support, which, under his leadership, the firm outsourced to a major vendor. Ralph is also the founder of the independent Electronic Discovery Best Practices group (EDBP.com) and the developer of his on online training course in e-discovery, e-DiscoveryTeamTraining.com. Ralph is a frequent speaker at e-discovery conferences worldwide and a leading contributor in the field of Artificial Intelligence Enhanced Document Review. His work focuses on the use of active machine learning to find evidence in Big Data for the resolution of legal disputes. His contributions to the field include both academic-scientific research and litigation applications. Losey was lead technology counsel for the defense in the landmark decision by Judge Andrew Peck first approving the use of predictive coding, Da Silva Moore v. Publicis.

Mr. Losey personally performs the predictive coding work for Jackson Lewis in multiple document review projects each year and supervises and consults in many others. Mr. Losey has also competed in, and won, a document review competition and research project supervised by a major university and non-profit group. He classified 1.7 Million documents, by himself, in 64.5 hours, attaining the highest F1 scores of all 19 contestants in both relevance and privilege search. In 2015, and again in 2016, Mr. Losey led a research team at the NIST Text Retrieval Conference (TREC) where he participated in the Total Recall Track to demonstrate his Hybrid Multimodal method of predictive coding. His published reports at TREC can be found at one of Mr. Losey’s educational websites, MrEDR.com.

Ralph is also the principle author and publisher since 2006 of a popular blog on e-discovery, e-Discovery Team Blog. His influential law blog is the leading, independent source of commentary and analysis in the field. He has written over two million words on law and technology subjects since 2006, including over sixty articles on predictive coding. His writings include six books on e-Discovery published by the ABA, McMillian, and West-Thompson, including two new book by the ABA to be released in late 2016, e-Discovery For Everyone and Perspectives on Predictive Coding.

Ralph entered private practice in Orlando in 1980. Prior to becoming a partner at Jackson Lewis, he was a shareholder of Akerman Senterfitt and founder-chair of its e-discovery practice group. Prior to that he was a shareholder with Subin, Shams, Rosenbluth, Moran, Losey and Brennan, P.A., where, in addition to practicing law, he was the firm’s IT Director for 15 years.

Ralph has a long history in commercial and employment litigation in both state and federal court, with an emphasis on technology-related issues, ERISA employment disputes, and Qui Tam government fraud cases, including one of the largest cases in government fraud history. Ralph has over 70 published opinions to his credit, including some of the largest e-discovery cases in the country.

Ralph has unique practical experience as a computer user and programmer going back to 1978. He has worked with mainframes, minicomputers, Macs and PCs, utilizing all applications imaginable. He created and designed software in the 1980s, including various games for his children, and many Internet websites starting in the mid-1990s, forward to today. Ralph was the first lawyer in Central Florida to have a computer on his desk, the first to use Westlaw, and the first lawyer in Florida with an Internet website. Ralph was a pioneer in the field of Computer Law, dating back to the early 1980s where he developed special expertise in computer database protection, software licensing, and later, Internet law. Ralph also worked with high-tech start-up companies in the 1990s, where he helped develop a food service database which later became the industry (IFDA) standard. He now limits his practice to issues related to Electronic Discovery, Information Technology, Cybersecurity and Employment Litigation. 

Awards/Recognition

  • Martindale-Hubbell AV Peer Review Rating.
  • Legaltech News CIO Innovation Award 2015 Finalist.
  • Most Trusted Legal Advisor Award, 2016-2017, Master Conference.
  • National Institute of Science and Technology TREC Recall Track participant and team leader 2015 and 2016.
  • First Place in Independently Judged Predictive Coding Study. See EDI-Oracle Study: Humans Are Still Essential in E-Discovery (LTN Nov., 2013).
  • Selected by peers in 2013 and thereafter for inclusion in The Best Lawyers in America in three fields: “Commercial Litigation,” “Electronic Discovery and Information Management Law” and “Information Technology Law.”
  • Certified High Technology Mediator, Florida Supreme Court (1989).
  • Certified Arbitrator, Orange County Bar Association (1989).
  • Who’s Who in American Law (since 1985).
  • Kroll Ontrack Advisory Board (since 2011).
  • Claims & Litigation Management Alliance.

Published Books On Law and Technology

  • E-Discovery For Everyone, American Bar Association (2016-2017).
  • Perspectives on Predictive Coding:  Computer-Assisted Review and Other Advanced Search Technologies for the E-Discovery Practitioner, Co-editor and contributor, American Bar Association (2016-2017).
  • Adventures in Electronic Discovery, West Thomson (2011).
  • Electronic Discovery: New Ideas, Trends, Case Law, and Practices, West Thomson (2010).
  • Introduction to e-Discovery: New Cases, Ideas, and Techniques, American Bar Association (2009).
  • e-Discovery: Current Trends and Cases, American Bar Association (2008).
  • Your Cyber Rights and Responsibilities: The Law of the Internet, Chapter 3 of Que’s Special Edition Using the Internet, McMillian Publishers 3rd Ed, 1996.

Law Review Articles on Law and Technology

Social Media and Internet Websites

Select Recent Interviews Available Online

 Select Articles on Legal Search and Review

Select Legal Articles on Other Topics

  • The Legal Protection of Computer Databases, Florida Bar Journal (1991).
  • The Meaning of De Novo Review in ERISA Law, Trial Advocate Quarterly
  • (1991).
  • Bruch Creates Split in Circuits On Standard of ERISA Appellate Review, The National Law Journal (1991).
  • Protecting Your Intellectual Property, Profit Magazine (IBM – 1992).

The following select Articles are listed in reverse chronological order from June 2015 to 2010. They all pertain to e-discovery topics other than Legal Search and Review and were published by and available at e-DiscoveryTeam.com.

  • Scientific Proof of Law’s Overreliance On Reason: The “Reasonable Man” is Dead and the Holistic Lawyer is Born
  • The Law’s “Reasonable Man,” Judge Haight, Love, Truth, Justice, “Go Fish” and Why the Legal Profession Is Not Doomed to be Replaced by Robots
  • What Information Theory Tell Us About e-Discovery and the Projected ‘Information → Knowledge → Wisdom’ Transition
  • What Chaos Theory Tell Us About e-Discovery and the Projected ‘Information → Knowledge → Wisdom’ Transition
  • e-Discovery Team’s Best Practices Education Program
  • How The 12 Predictions Are Doing That We Made In “Information → Knowledge → Wisdom”
  • 2015 e-Discovery Rule Amendments: Dawning of the “Goldilocks Era”
  • e-Disco News, Knowledge and Humor: What’s Happening Today and Likely to Happen Tomorrow.
  • Introducing a New Website, a New Legal Service, and a New Way of Life / Work; Plus a Postscript on Software Visualization and Thanks to Kroll Ontrack.
  • Information → Knowledge → Wisdom: Progression of Society in the Age of Computers.
  • My Hack of the NSA and Discovery of a Heretofore Unknown Plan to Use Teams of AI-Enhanced Lawyers and Search Experts to Find Critical Evidence.
  • 500th Blog – End of One Era, Beginning of Another.
  • Hadoop, Data Lakes, Predictive Analytics and the Ultimate Demise of Information Governance – Parts One and Two.
  • e-Discovery Industry Reaction to Microsoft’s Offer to Purchase Equivio for $200 Million – Parts One and Two.
  • Is the IRS’s Inability to Find Emails the Result of Unethical Behavior? New Opinion by U.S. Tax Court Provides Some Clues – Parts One and Two.
  • What Can Happen When Lawyers Over Delegate e-Discovery Preservation and Search to a Client, and Three Kinds of “Ethically Challenged” Lawyers: “Slimy Weasels,” “Gutless,” and “Clueless.”
  • Caveat Emptor – Beware of Vendor Trickery.
  • Select Should Lawyers Be Big Data Cops?
  • Browning Marean: The Life and Death of a Great Lawyer.
  • Jones Day Attorney Misconduct Shows Rotten State of Obstructionist Discovery in America.
  • Hacking Flash Trading on Wall Street: From Fiction to Fact in Just Three Weeks
  • The “If-Only” Vegas Blues – Parts One and Two.
  • Richard G. Braman: 1953 – 2014.
  • U.S. Employees Are Weakest Link In America’s Cybersecurity – Parts One and Two.
  • The Importance of Cybersecurity to the Legal Profession and Outsourcing as a Best Practice – Parts One and Two.
  • National Institute of Standards and Technology Creates Cybersecurity Standards Framework.
  • The CIA Cyber Security Triad and 9ec4c12949a4f31474f299058ce2b22a.
  • HEARTBLEED: A Lawyer’s Perspective On Cyber Liability and the Biggest Programming Error in History.
  • Fears and Loathing (and Pain) in Seattle: a Case Lesson in How NOT to Implement a Litigation Hold and Search for Email – Parts One and Two.
  • What If You Had To Choose Between Not Taking Depositions and Not Doing e-Discovery?
  • Lawyers as Legal-Fortune Tellers.
  • Judge John Facciola Exposes Justice Department’s Unconstitutional Search and Seizure of Personal Email.
  • Best Practices in e-Discovery for Handling Unreviewed Client Data.
  • Growing Importance of Non-Litigation Services in Electronic Discovery Law.
  • Scientific Proof of Law’s Overreliance On Reason: The “Reasonable Man” is Dead, Long Live the Whole Man – Parts One, Two and Three.
  • The Psychology of Law and Discovery.
  • The Ongoing Battle of David and Goliath in the Legal Profession.
  • Top Ten e-Discovery Predictions for 2014.
  • Announcing My Top e-Discovery Case of 2013.
  • A Robot and a Lawyer Walked into a Bar.
  • Seven Years of the e-Discovery Team Blog, Art to Science, and the Launch of “LegalSearchScience.com” and “ediscovery.com.”
  • Judge Grimm’s New Discovery Order Is Now An e-Discovery Best Practice – Parts One and Part Two with a Postscript to Vendors on “Legal Software of the Future.”
  • Youth Dominated “Innovate Conference” Gives Us Hope for the Future.
  • Party Ordered to Disclose Where and How It Searched for ESI: You Can Expect This Kind of Order To Become Commonplace.
  • Personal Invitation to the Innovation “Tech-Law” Conference in Orlando.
  • Poor Plaintiff’s Counsel, Can’t Even Find a CAR, Much Less Drive One.
  • The Solution to Empty-Suits in the Board Room: The “Hacker Way” of Management – Parts One and Two.
  • The Hacker Way” – What the e-Discovery Industry Can Learn From Facebook’s Management Ethic.
  • Select Proposed Amendments to the Rules: the “Easy to Read” e-Discovery Only Version.
  • Rapid Change in Legal Review Technologies Reveals “Empty Suits” in Charge of Most Legal Software Companies.
  • $3.1 Million e-Discovery Vendor Fee Was Reasonable in a $30 Million Case.
  • Spoliation Sanctions: The Tide is Turning, Goliath is Smiling.
  • Courts Struggle With Determining Reasonability of e-Discovery Vendor Bills.
  • Fishing Expedition Discovers Laptop Cast into Indian River.
  • Electronic Discovery Best Practices Update.
  • Keywords and Search Methods Should Be Disclosed, But Not Irrelevant Documents.
  • Wrath of Kahn Continues.
  • Robots From The Not-Too-Distant Future Explain How They Use Random Sampling For Artificial Intelligence Based Evidence Search.
  • Robot Games: the Gamification of Legal Review.
  • Confessions of a Trekkie.
  • Robots With A Story To Tell.
  • Bad Robot!
  • Another Clawback Enforcement Order Shows the Importance of the Selection of Quality Vendors.
  • Judge Waxse Enforces His Model Clawback Order.
  • The Increasing Importance of Rule 26(g) to Control e-Discovery Abuses
  • Job Market Heating Up for e-Discovery Technologists, Managers, and Attorneys
  • Five e-Discovery Wishes for a Happy New Year!
  • WRECK-IT RALPH: Things in e-discovery that I want to destroy!
  • Oral Hold Notice Invalidated as “Completely Inadequate” such that it “Borders on Recklessness.”
  • Attorneys Admonished by Judge Nolan Not to “Confuse Advocacy with Adversarial Conduct” and Instructed on the Proportionality Doctrine.
  • Announcing the e-Discovery Team’s Second “Clever Words Award” for Excellence in Judicial Opinion Writing.
  • Going “All Out” for Predictive Coding and Vendor Cost Savings.
  • Jason Baron’s Keynote Speech — “Boldly Going Where Few Judges Have Gone Before: The Emerging Case Law on Software-Assisted Document Review and Our Next 5 Year Mission.”
  • 7th Circuit Pilot Program on e-Discovery.
  • Select A Day in the Life of a Discovery Lawyer in the Year 2062: a Science Fiction Tribute to Ray Bradbury.
  • Select E-Discovery Gamers: Join Me In Stopping Them.
  • Litigation, e-Discovery, e-Motions, and the Triune Brain.
  • Blogging, Proportional Review and Predictive Coding.
  • “Where The Money Goes” – a Report by the Rand Corporation.
  • Good, Better, Best: a Tale of Three Proportionality Cases – Parts One and Two.
  • Judge David Waxse on Cooperation and Lawyers Who Act Like Spoiled Children
  • Ethics of Electronic Discovery – Parts One and Two.
  • Evidentiary Objections to Email are Key to BP Oil Spill Case.
  • Impactful, Fast, Bold, Open, Values: Guidance of the “Hacker Way.”
  • Storytelling: The Shared Quest For Excellence in Document Review.
  • Spilling the Beans on a Dirty Little Secret of Most Trial Lawyers.
  • “Winning isn’t everything, it’s the only thing” – Examining the new trend towards big e-discovery cost awards for winners.
  • We Are at the Dawn of a Golden Age of Justice.
  • What Do You Think? (Your Secrets Are Safe Here).
  • One Man’s Trash is Another Man’s Evidence: Why We Don’t Need New Rules, We Need Understanding, Diligence, and Enforcement of Existing Rules.
  • Case Where IT Tech’s Fast-Talk Had Zero Persuasive Value with Judge..
  • GhostSurfer Wipe Out Leads to Jail Order Sanctions.
  • Deduplication Defense Dodges Sanctions.
  • Discovery of Widespread Illegal e-Discovery Dooms the Media Empire of Rupert Murdoch.
  • Announcing the e-Discovery Team’s “Clever Words Award” for Excellence in Judicial Opinion Writing.
  • Hackers Perfect Indestructible Virus and Assemble Army of Four Million Zombie Computers.
  • On Vacation and Can’t Attend an Important Meeting? Use a Robot Stand-in!
  • Lulzsec Disbands After 50 Days of Cyber Mayhem Funny Business.
  • Does Your Stated Password for a Website Somehow Relate to the Theme of the Website? Who Knows Your Password? Who Are “LulzSec”? Should We Fear Them Or Laugh With Them?
  • News on Victor Stanley II – Judge Garbis Affirms Amount of Judge Grimm’s $1,049,850.04 Sanction.
  • Going “Gaga” Over Big Deals and Malpractice in e-Discovery.
  • The Information Explosion and a Great Article by Grossman and Cormack on Legal Search.
  • The Word is Out: e-Disco is the Hot New Dance.
  • e-Discovery Education and Certification.
  • e-Discovery with Extreme Prejudice: the Bin Laden Project.
  • Top Ten e-Discovery Issues by Judge Andrew Peck and David Lender.
  • Ruminations on James Gleick’s New Book “The Information,” Chaos, Life and e-Discovery.
  • Judge Refers Defendant’s e-Discovery Abuse to U.S. Attorney for Criminal Prosecution of the Company and Four of Its Top Officers.
  • Another “Fox Guarding the Hen House” Case Shows the Dangers of Self-Collection.
  • In Search of Quality: Is It Time for E-Discovery Search Process Quality Standards?
  • Government Appeals and Seeks a Stay of Judge Scheindlin’s FOIA Order on Metadata in NDLON v. ICE.
  • NY Times Discovers e-Discovery, But Gets the Jobs Report Wrong.
  • New Opinion by Judge Scheindlin on FOIA, Metadata and Cooperation.
  • Rethinking Relevancy: A Call to Change the Rules to Narrow the Scope of ESI Relevance.
  • Discovery As Abuse.
  • An Old Case With a New Opinion Demonstrating Perfect Proportionality.
  • The Law Firm Apprenticeship Tradition And Why Most Lawyers Are Still Untrained in e-Discovery.
  • Are Today’s CLE Programs Doomed to Go the Way of the Newspaper?
  • Kroll’s Annual Report: Same-Old, Same-Old. So What Are We Going To Do About It?
  • Magistrate Judge in NY Says Verbal Hold Notice May Be Ok and Questions the Value of Proportionality.
  • “Win-At-All-Costs” Litigation Using Illegal e-Discovery Leads to Dismissal of a Billion Dollar Case.
  • Clawbacks: Trick or Treat?
  • What is Wrong, or Right, with e-Discovery in America?
  • Beware of the ESI-discovery-tail wagging the poor old merits-of-the-dispute dog.
  • “Victor Stanley 2″ – Judge Grimm Imposes Prison Sanction for Spoliation by a Defendant Reminiscent of the Leader of “The Gang That Couldn’t Shoot Straight.”
  • Good News? Bright Line Emerges On When To Pull Lit-Hold Triggers.
  • America’s Got e-Discovery Talent: Judging the Hot Cases of 2010 – Parts One, Two and Three.
  • Survey of 103 e-Discovery Cases in the First Half of 2010, the “Campbell Soup” case, and the Wisdom of Andy Warhol.
  • The Poetry of e-Discovery: People Not Only Make Mistakes, They Lie, Steal, Cheat and Fake.
  • People Make Mistakes.
  • The-times-they-are-a-changin’ is a feeble excuse for disregard of duty.
  • The Good, the Bad, and the Ugly: “Mt. Hawley Ins. Co. v. Felman Production, Inc.”
  • My Homage to Judge David J. Waxse and Kansas City.
  • What Can Happen When Lawyers Delegate Their e-Discovery Duties to a Client.
  • E-Discovery Metrics – One of the Four Pillars of e-Discovery.
  • Judge Rosenthal v. Judge Scheindlin: A Bogus Battle.
  • Affordable, Quality e-Discovery Is Not Attainable Without Teamwork and Cooperation.
  • The Trials and Tribble-ations of the Data Deluge.
  • The Multi-Modal “Where’s Waldo?” Approach to Search and My Mock Debate with Jason.
  • Why Online Education Will Surpass Traditional Face-to-Face Education in the Next 5-10 Years.
  • Baron and Losey’s New Movie: “e-Discovery: Did You Know?”
  • My Talk with Karl Schieneman on Cooperation, Speaking French, Who’s On First, Zen and the Art of e-Discovery Specialization and Malcolm Gladwell.
  • Raising the Bar – Judge Scheindlin Defines Gross Negligence in Spoliation..
  • Child’s Game of “Go Fish” is a Poor Model for e-Discovery Search.
  • Plato’s Cave: why most lawyers love paper and hate e-discovery and what this means to the future of legal education.
  • The Chimney Sweep Boy and the Goldsmith: the Ancient Origins of the Doctrine of Spoliation.
  • Inside the Head of a Digital Pirate.
  • Textbook Case of Discovery Abuse Exposes a Fallacious “Pig in a Poke” Defense.
  • Law Firms Threatened by Fat Chameleons.
  • There Can Be No Justice Unless Lawyers Maintain High Ethical Standards.
  • e-Discovery Competence is a Fundamental Ethical Challenge Now Faced by the Legal Profession.
  • Eight Years of Imminence – Utah Court Mines Safe Harbor Rule 37(e) Into Oblivion – Parts One and Two.
  • Inspector Clouseau and the Insights of Judge Facciola and Malcolm Gladwell Suggest a Bright Future for e-Discovery Lawyers.
  • The Grilling by Mary Mack – Angry Ostriches, Judge Scheindlin, Malcolm Gladwell, Jack Nicholson, Pretend Lawyers, Volunteers for America, and a Tad More! – Parts One and Two.
  • Flat Earth Society Admits World is Round, Wants to Learn to Circumnavigate.
  • Jason Baron on Search – How Do You Find Anything When You Have a Billion Emails?
  • Should You “Go Native”?
  • IT Workers Read Your Personal Email and U.S. Law is Generally OK with That.
  • How To Practice Law Like Abraham Lincoln – Be an e-Discovery Lawyer!
  • D.C. Appeals Court Affirms Order Requiring a Non-Party to Spend $6 Million, 9% of its Total Annual Budget, to Comply with an e-Discovery Subpoena.
  • Are We the Barbarians at the Gate?
  • Hundredth Blog: Thoughts on SEARCH and Victor Stanley, Inc. v. Creative Pipe, Inc.
  • The Lessons of Qualcomm: A Wake Up Call for the Legal Profession.
  • What Game Does an e-Discovery Team Play?
  • Who’s On First? – New Case Repeats the Classic Miscommunications Between Law and IT.
  • Sherlock Holmes in the Twenty-First Century: Definitions and Limits of Computer Forensics, Forensic Copies and Forensic Examinations.

 

Classes/Seminars

There have been too many to list. From 2007 to 2014 Losey lectured at least once a month, often at several events a month on multiple e-discovery topics. Lectures were to attorneys, judges, paralegals, students, engineers, corporations, governments, and technology groups at CLEs and e-discovery conferences and seminars around the country. In 2104 Ralph began to significantly reduce his speaking schedule. He now only accepts a few keynote invitations per year. As of 2016 his current preferred speaking topics are: The Future of the Law, AI-Enhanced Big Data Search and Review, Predictive Coding Methodologies, e-Discovery Best Practices, and Cybersecurity.

 

Personal

Married to Molly Friedman Losey since 1973
Two Children: Adam Losey and Eva Losey-Grossman
Member of Interlachen Golf and Country Club, Winter Park
Primary Charities: Negro Spiritual Scholarship Fund; Rollins College
Recreation: Golf, two French Bulldogs, video gaming and reading

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