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For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding : Electronic Discovery Law

May 20, 2013 by Leave a Comment

EORHB, Inc. v. HOA Holdings, LLC, No. 7409-VCL, 2013 WL 1960621 (Del. Ch. May 6, 2013)

Previously, the court ordered the parties to “retain a single discovery vendor to be used by both sides” and to “conduct document review with the assistance of predictive coding.”  (See summary, here.)  On May 6, the court entered a new order, stating that Defendants could retain their chosen vendor and utilize computer assisted review but that the parties would not be required to retain a single vendor to be used by both sides and that “Plaintiffs may conduct document review using traditional review methods.”

via For Good Cause Shown, Plaintiffs No Longer Required to Utilize Predictive Coding : Electronic Discovery Law.

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Citing Proportionality, Court Declines to Require Defendant to Redo Discovery Utilizing Only Predictive Coding : Electronic Discovery Law

April 24, 2013 by Leave a Comment

In re: Biomet M2a Magnum Hip Implant Prods. Liab. Litig., NO. 3:12-MD-2391 (N.D. Ind. Apr. 18, 2013)

In this product liability case, Plaintiffs’ Steering Committee objected to Biomet’s reliance on keyword searching to initially reduce the volume of information it then subjected to predictive coding and sought to require Biomet to start again and to utilize only predictive coding, with plaintiffs’ input.  The court concluded that Biomet’s efforts complied with its discovery obligations under the civil rules.

Despite being told “(occasionally in forceful terms)” by some plaintiffs’ counsel “not to begin document production until the Judicial Panel on Multidistrict Litigation decided whether to centralize,” Biomet, “neither sold on centralization nor free of judicial exhortations in other cases against it, started the process of identifying and producing documents” (in cases eventually centralized in the summer of 2012).  Biomet first utilized “keyword culling” to reduce its universe of documents and attachments from 19.5 million to 3.9 million and, after removing duplicates, was left with 2.5 million documents which were then subjected to predictive coding.  “To date, Biomet’s e-discovery costs are about $1.07 million and will total between $2 million and $3.25 million.”

via Citing Proportionality, Court Declines to Require Defendant to Redo Discovery Utilizing Only Predictive Coding : Electronic Discovery Law.

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Predictive coding: What it is and what you need to know about it | Thomson Reuters (Lauren Aguiar and Jonathan A. Friedman)

March 20, 2013 by Leave a Comment

Although the technologies involved with the concept of technology-assisted review, or “predictive coding,” have only emerged over the last several years, recent legal developments may signal a new chapter for electronic discovery in civil litigation.  Indeed, the first judicial opinion regarding predictive coding was issued just last year.

WHAT IS PREDICTIVE CODING?

Similar to the technologies employed by Netflix and Pandora, predictive coding relies on a human to code a sample of documents, called a “seed set,” that in turn allows a sophisticated computer algorithm to identify properties of those documents and then evaluate the remaining documents, looking for similar characteristics and making predictions about how they should be coded.  A human reviewer then examines those predictions and confirms or refines them through a series of iterative rounds of further coding.  Ideally, this “training” will ultimately lead the software to a point where its predictions are accurate enough to produce a set of documents with high recall and precision – meaning, respectively, that all and only the responsive documents are included.

via Predictive coding: What it is and what you need to know about it.

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A Complete Suite of eDiscovery Services – Bits & Bytes from Global EDD Group

March 1, 2013 by Leave a Comment

Zetta Discovery is a complete suite of electronic discovery services from Global EDD Group that are bundled under simple flat rates, enabling predictable pricing that is budget friendly for matters of all sizes.   This suite of e-discovery services features:

  • On-demand secure relevance review platform
  • Built-in processing engine delivers data directly into the review platform
  • Reduce document collections with DeNIST and de-duplication functions
  • Integrated OCR and PDF to TIF capabilities eliminate additional processing
  • Support for native files and a variety of other file types
  • Standard coding fields pre-loaded to get stated quickly
  • Customizable label, issue and coding fields provide flexibility during the litigation process
  • Powerful advanced search capabilities include full Boolean controls
  • Tiered user permission structure provides sophisticated review management
  • Support for multiple file types and individual files of up to 5 gigabytes
  • Redact and Bates stamp multiple documents on the fly
  • Easily upload new document batches and metadata from existing trial database
  • Bulk edit multiple documents with document labels, issues, and codes
  • Sort documents by label or issue, date, title or other criteria
  • Color Coding clearly identifies documents
  • Grid View customizable interface allows easy document browsing
  • Mac and Android optimized, as well as any mobile hardware

Safeguard Your Privilege

Zetta Discovery’s Privilege Protect safeguards against the inadvertent waiver of attorney-client privilege by using patent-pending, computer-assisted technologies to detect potentially privileged documents before they are produced. Secure transfer of productions into a separate and secure clone database adds an additional and unprecedented layer of protection for privileged or un-redacted data.

Military Grade Security for Your Data.

Zetta Discovery meets or exceeds many federally regulated security standards, including Sarbanes-Oxley and HIPAA compliance standards, as well as meeting the Statement on Auditing Standards No. 70: Service Organizations, Type II (SAS70 Type II).

 

Those interested in learning more about these services should call +1.216.220.5848, +1.888.690.DATA (3282), email info@globaledd.com, or visit www.GlobalEDDGroup.com for additional information.

via A Complete Suite of eDiscovery Services – Bits & Bytes from Global EDD Group.

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Predictive Coding Completed in ‘Global Aerospace’ Case | Law Technology News (Evan Koblentz)

January 17, 2013 by Leave a Comment

Last spring, Judge James Chamblin, of the 20th Judicial Circuit Court of Virginia, approved defendants’ e-discovery request to process electronically stored information using “predictive coding” methods, despite protests from plaintiffs in Global Aerospace Inc. et al., v. Landow Aviation, L.P. dba Dulles Jet Center, et al. The process has now been completed, in what is believed to be the first case to actually use technology-assisted review.

Chamblin’s order related to a discovery about a collapsed airplane hangar, in the closely-watched litigation.

Defense counsel at Schnader Harrison Segal & Lewis, and also at Baxter, Baker, Sidle, Conn & Jones, used OrcaTech’s Document Decisioning Suite technology. This week, Atlanta-based OrcaTec will announce that the process is finished after plaintiff’s counsel at Jones Day did not object to the results by a recent deadline, said multiple people close to the case.

Wednesday, no one affiliated with the case would comment, including OrcaTec officials, plaintiff counsel at Jones Day, and the consultants who administered the software at JurInnov and ReviewLess. An email query to defnse counsel was not answered.

Predictive coding is currently being used in other high-profile cases, most notably in the labor law case of Monique da Silva Moore, et al. v. Publicis Group SA. However, Global Aerospace is believed to be the first time a judge ordered the software’s use over plaintiff objections.

via Predictive Coding Completed in ‘Global Aerospace’ Case.

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