Document Review and Proportionality – Part One

In 2013 I wrote a law review article on how the costs of document review could be controlled using predictive coding and cost estimation. Predictive Coding and the Proportionality Doctrine: a Marriage Made in Big Data, 26 Regent U. Law Review Read More …

Dumb and Dumber Strike Again: New case out of California provides a timely lesson in legal search stupidity

An interesting, albeit dumb, case out of California provides some good cautionary instruction for anybody doing discovery. Youngevity Int’l Corp. v. Smith, 2017 U.S. Dist. LEXIS 210386 (S.D. Cal. Dec. 21, 2017). Youngevity is essentially an unfair competition dispute that Read More …

TAR Course Expands Again: Standardized Best Practice for Technology Assisted Review

The TAR Course has a new class, the Seventeenth Class: Another “Player’s View” of the Workflow. Several other parts of the Course have been updated and edited. It now has Eighteen Classes (listed at end). The TAR Course is free Read More …

Waymo v. Uber, Hide-the-Ball Ethics and the Special Master Report of December 15, 2017

The biggest civil trial of the year was delayed by U.S. District Court Judge William Alsup due to e-discovery issues that arose at the last minute. This happened in a trade-secret case by Google’s self-driving car division, WAYMO, against Uber. Waymo Read More …

Analysis of Important New Case on Predictive Coding by a Rising New Judicial Star: “Winfield v. City of New York”

There is an important new predictive coding opinion in the SDNY by a new judge in town. Winfield, Stewart, Noel v. City of New York, Case no. 15-CV-05236, 2017 U.S. Dist. LEXIS 194413 (S.D.N.Y., Nov. 27, 2017). The opinion is by Read More …