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KMK’s April 2015 E-Discovery Round-up

Hi E-Discovery enthusiasts! Welcome to KMK’s April 2015 E-Discovery round-up.

This month we take a look at an Irish courts ruling on TAR that relies on some US court’s precedent, get caught up on The Sedona Conference’s latest project published for public comment and highlight an E-Discovery thought leader who popped up on various nationally broadcast programs. So, let’s dive in, shall we? 

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TAGS: E-Discovery, E-Discovery Case Law, Information Governance, TAR ( Technology Assisted Review)

Post-Labor Day 2014 E-Discovery Round-Up

This month we warm ourselves in the heat effervescing from the “random vs. seed set” controversy, take a look at an unorthodox, yet appropriate sanction ruling and shudder at the sheer magnitude of data created during “one second on the internet.”

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TAGS: Big Data, Predictive Coding, Sanctions, TAR ( Technology Assisted Review)

Magistrate Judge Endorses Use of Predictive Coding

In a case featuring a heated pretrial-discovery battle between heavyweights, a U.S. District Court Magistrate Judge in Tennessee recently approved the use of predictive coding in reviewing over two million documents for responsiveness.  

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TAGS: E-Discovery, Predictive Coding, TAR ( Technology Assisted Review)

Can a Simple Form Reduce Disputes Over ESI?

Can a simple form make ESI discovery easier for us and reduce our clients’ expenses, inconvenience, and distrust of opposing counsel? Having studied a  two-page Order developed by Magistrate Judge Thomas Shields of the U. S. District Court for the Southern District of Iowa, I would answer in the affirmative.

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TAGS: E-Discovery, Electronic Data Discovery, Email Retention, ESI, Evidence, Social Media, TAR ( Technology Assisted Review)

Predictive Coding Thought Leadership Series Announcement

It is with sincere pleasure that KMK’s E-Discovery/Litigation Support Group announces that KMK will be hosting and sponsoring the nationally recognized Predictive Coding Thought Leadership Series in Cincinnati on October 29th.  This unique learning opportunity was developed by Karl Schieneman (ReviewLess/ReviewRight) and Barry Murphy of the eDJ (eDiscovery Journal) and in conjunction with ARMA.  Karl will be presenting and moderating this event.  You may recognize Karl either as the keynote speaker from our recent KMK E-Discovery Symposium or as the brain-trust and expert behind the design, winning argument and implementation of the Technology Assisted Review (TAR)/predictive coding technology cited in the landmark Global Aerospace, Inc. v. Landow Aviation, L.P., 2012 Va. Cir. LEXIS 50 (Va. Cir. Ct. Apr. 23, 2012) ruling.

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Should We Reexamine the Value of the F1 Score?

The implementation of Technology Assisted Review in litigated matters is now a matter of case law in a number of jurisdictions.  Being such, the need presents itself to illuminate the thought processes and possible work flow avenues one should consider when wading into TAR’s often deep and confounding waters.   

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TAGS: Big Data, Computer Assisted Review, E-Discovery, Predictive Coding, TAR ( Technology Assisted Review)

Predictive Coding’s Murky Waters; Ruling in In re Biomet Stirs Interesting Debate

Backstop, LLP’s Legal Director and blogger Bruce Fein writes a compelling and mathematically based argument as to why the court ruled incorrectly in the latest In re Biomet ruling in an article titled, Federal Court Approves Pre-Predictive Coding Keyword Filtration Based on Faulty Math in In re Biomet”. 

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TAGS: Big Data, Computer Assisted Review, E-Discovery, Predictive Coding, TAR ( Technology Assisted Review)


The selection of the actual TAR technology platform, while important, is not the most salient factor required for making optimal use of TAR.  Rather, identifying and seeking collaborative agreement as to the ultimate strategic use and objectives sought from TAR, and really understanding the what, when, why and how to use it, is the most salient factor required to inform your pragmatic decision regarding whether or not to employ a TAR methodology.

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Moving TARget: The Hunt for a More Cost Effective and Efficient Review

Emerging from the haze of methodologies is a concept called Technology Assisted Review (TAR).  It’s referred to by many names, but the concept is the same: Use analytics in conjunction with human oversight to increase the accuracy and reduce the costs generally associated with the attorney review phase of e-discovery.   

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TAGS: Document Review, E-Discovery, ESI, TAR ( Technology Assisted Review), Technology

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