2015 will see more
predictive coding cases decided, and more definition will come, especially around the area of attorney - client privilege.
They have seen only a few
predictive coding cases.
Not exact matches
Likewise, for
cases that involve a mix of hard copy documents and electronic documents, it is better to deal with the hard copy documents manually, and use some form of
predictive coding on the electronic documents to balance the manual work with a highly efficient approach for the digital portion.
As NSU explains, «This course provides hands - on experience for students on a number of key operational aspects of the practice of law, including the business foundation of successful law firm management; security and confidentiality of client information; marketing, public relations, advertising and social media; duties of technological competence under ABA «Ethics 20/20» amendments to the Model Rules of Professional Responsibility;
predictive coding and other eDiscovery issues; client intake and
case management; and issues related to the scope and composition of representation, including the unauthorized practice of law and unbundled legal services.»
Clients benefit from efficient e-discovery services; saving costs on large, complex litigation
cases by using
predictive coding.
Noting that the Tax Court had not previously addressed the issued of technology assisted review tools, Judge Buch concluded that the use of
predictive coding in this
case would provide a «happy medium» that would address both parties» concerns.
In this
case he uses
predictive coding to weed out unnecessary data and nearlines it for potential later need.
Industry - specific tools like
case management and
predictive coding software rarely appear outside the legal field.
Using a
case study approach, industry experts will discuss workflow options incorporating
predictive coding and analytics for three key scenarios: Hart - Scott - Rodino Second Requests, internal investigations and post-production trial preparation.
Case study examples of
predictive coding and analytics working together on a Second Request, internal investigation and for trial prep
Ltd.Although the court acknowledged that the use of
predictive coding may not be a good fit for every
case, it decided that — where it is possible and appropriate — this method can and should be used alongside manual review to fulfill discovery requests for electronically stored information.
Am reading the memoranda for and against «
predictive coding» from the Global Aerospace v. Landow
case in the U.S..
Recent
cases that demonstrate varying judicial perspectives on
predictive coding's role in e-discovery
As stated above, small
cases do not make good
predictive coding candidates.
Predictive Coding and Technology Assisted Review («TAR») help ameliorate a problem that denigrates civil litigation: extortion by discovery when discovery costs «force settlements for reasons and on terms that related more to the costs of discovery than to the merits of the
case.»
In this episode of The Digital Detectives, Sharon Nelson and John Simek discuss the evolution of e-discovery, how
predictive coding works and is priced, and examples of
cases that have involved
predictive coding.
Simek and Nelson then go on to examine the prices vendors charge for the
predictive coding process and in which
cases it might be profitable for the law firm or client.
There is a steep, expensive learning curve involved; many mid-sized law firms probably will not profit and even very large
cases only save an average of 15 % using
predictive coding.
In what is being labelled a victory for proportionality, in the
case of Pyrrho Investments v MWB Property, Master Matthews found that, given the three million - plus documents identified for review in the
case, using
predictive coding would be far preferable to undertaking a manual review.
The first formal judicial endorsement of the use of
predictive coding in e-disclosure in the UK came from Master Matthews in his High Court ruling in the Pyrrho Investments v MWB Property Ltd
case.
Interestingly, although the
case comes just less than a year after U.S. Judge Peck's latest opinion on
predictive coding in Rio Tinto Plc v. Vale S.A., it provides no reference to that ruling.
The
case is valued in the tens of millions of pounds, so the cost of using
predictive coding software is proportionate;
D4 has performed analytics on hundreds of
cases using all features of the platform including Near - duplication, Email Threading, Themes, and
Predictive Coding during the many years of experience consulting and implementing Equivio solutions.
In February 2016, a London court supported the use of
predictive coding software in a legal disclosure process, which often involves lawyers receiving huge volumes of documents from those representing the other side in a
case.
«Taylor Wessing, as acknowledged by the Master, played a pivotal role in assisting the court in concluding that the
case before it was one in which
predictive coding should be deployed by the parties during disclosure.
It is to be hoped therefore, that we have seen the birth of a new standard order that will be used in all
cases where directions for the use of
predictive coding are appropriate.»
The focus was on the practical applications of
predictive coding for specific use
cases, including for litigation, investigations and HSR second requests.
When respondents were asked for their perspectives on AI and its effect on the legal industry, 71 % predicted it would have the biggest impact on electronic discovery in the areas of
case assessment and
predictive coding (TAR), coming in next at 41 % was document automation, followed by legal research (40 %), contract analysis / automation (34 %), and
case / outcome prediction (24 %).
Judge Peck addressed
case law regarding
predictive coding, and the importance of keeping both parties on the same page on parameters for using it throughout the
case.
Landmark
cases including Da Silva Moore have resulted in rulings favorable to
predictive coding.
Predictive coding, in - place early
case assessment (ECA), automatic document categorization and technology - assisted review (TAR), are becoming common place terms in e-discovery.
Click Here to Access the Webinar On - Demand Speaking from their extensive experience and varied practice specialties, our distinguished panelists will discuss scenarios and types of
cases that make sense for the use of Technology Assisted Review /
Predictive Coding — or not.
Many legal teams don't have the time or energy to build a
case for why a
predictive coding tool is necessary, so they stick with the status quo.
According to Exterro's 2015 Federal Judges Survey on E-Discovery Best Practices and Trends, 45 % of the responding judges said that they only «somewhat agreed» that
predictive coding is employed with regularity in
cases, while 41 % didn't agree with the statement at all.
Predictive analytics software used the
coded cases as input and the facts of a new
case.
By Michael Roach at 12:26 PM in
Cases: Verdicts, Settlements, Rulings,
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This approach enables the LexisNexis team to concentrate on PreDiscovery level by developing on a strong base of powerful early
case assessment tools and integrating
predictive coding, data analytics, and intelligent review devices across the workflow.
Back then he was the first judge to formally bless the use of
predictive coding — deeming it «judicially - approved in appropriate
cases» — paving the way for widespread use and acceptance of technology assisted review («TAR»).
Specifically, the judge, in that
case, permitted the use of
predictive coding for that review, a general term that at that time referred to programs that used algorithms to determine whether documents are relevant to a
case.
In the first
case to approve the use of
predictive coding over a party's objection, a Virginia state court judge has signed off on the defense's computer - assisted review results.