And what about
predictive coding in e - discovery?
Machine learning and
predictive coding in e-discovery are only the beginning of technology's impact on the legal system: Law is the ultimate digital product, and this will be borne out in time.
In Pyrrho Investments Ltd v MWB Property Ltd & Ors [2016] EWHC 256 (Ch), the English High Court has recently approved the use of
predictive coding in the disclosure stage of High Court proceedings.
Lawyers have become somewhat comfortable with the notion that they can use
predictive coding in eDiscovery when it best serves the interests of their clients.
Using
predictive coding in conjunction with traditional e-discovery methods, we can review large document caches more quickly and accurately, while dramatically reducing litigation costs.
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 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.
He then explains
predictive coding in its simplicity: to feed a computer program information based on discovery attorneys have already done until the computer can accurately predict which information is important.
Both the Pyrrho and BCA Trading judgments are commendably clear and concise, and endorse
predictive coding in glowing, unequivocal terms.
Courts are pointing to the availability of
predictive coding in overruling undue burden objections.
In this ideal, corporations could conduct
predictive coding in a defensible manner, reduce the costs of e-discovery while keeping internal control of the process, and rely on a service provider partner to constantly innovate on the technology.
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.
Progressing from screening for keyword to
predictive coding in which algorithms use predictive analytics to determine the most relevant documents based on search
Ringtail super user Jason Ray joins this session to discuss the methodology, best practices, and tactical approaches for effectively utilizing
predictive coding in Ringtail.
I'm going to quickly touch on some key components of using technology - assisted review, or TAR, or
predictive coding in some of the interfaces that you may see in your products that you're using today.
In Hyles v. New York City, 2016 WL 4077114 (S.D.N.Y. Aug. 1, 2016), Judge Peck wrote on an issue that has become his trademark - the use of
predictive coding in e-discovery.
Not exact matches
After successful prototype implementation, verification and validation of the new methods, these will be implemented
in an open source library and transferred to leading application
codes in order to improve their
predictive capabilities and physical correctness.
For instance,
in «Document Review», a lot of time is to be saved
in reviewing by using
predictive coding, but some of the gains must be reinvested
in classifying an appropriate sample and
in training the system.
In part, this is due to the recent approval rulings in the UK and Ireland, which have spurred increased interest in predictive coding among lawyers in Australi
In part, this is due to the recent approval rulings
in the UK and Ireland, which have spurred increased interest in predictive coding among lawyers in Australi
in the UK and Ireland, which have spurred increased interest
in predictive coding among lawyers in Australi
in predictive coding among lawyers
in Australi
in Australia.
Understand the role that technology plays
in reducing costs with managed review, specifically analytics and
predictive coding
Another signal pointing to momentum is the emergence of
predictive coding pundits and experts
in Australia — which were all but non-existent a year ago.
In pretty much all matters it's worth doing some testing to see if
predictive coding will be helpful.
We recently posted insights from Melbourne - based FTI Technology director Phil Smith on
predictive coding adoption
in Australia.
Whereas many
predictive coding technologies of the past simply counted the number of times each word appeared
in each document, CNNs read the document word by word; an ability that is groundbreaking for
predictive technologies like ediscovery document review.
Before the recent uptick, many lawyers
in Australia believed that
predictive coding would not gain ground
in this region, but the market has really pivoted.
Also, the most strategic law firms — the ones that view
predictive coding as a key tool
in helping them add value and better serve clients — are driving adoption among competing firms.
Second, while there is some belief, including by Judge Peck, that the technology used
in predictive coding is «cheaper, more efficient and superior to keyword searching,» id.
We've been working with a range of clients, including regulators, law firm partners and corporate legal teams to help them understand: first, the
predictive coding process as a whole from start to finish, and what that looks like for their particular matter; and second, some basic elements such as precision and recall, so they don't get bogged down
in the nuts and bolts of the data science.
As mentioned earlier, concerns over expert testimony and witness reports for
predictive coding have been higher than
in other jurisdictions to date.
I'm currently working on a large matter
in Australia that involves testifying to how the
predictive coding was applied and the validity of the results.
NLP and machine learning can be used
in technology - assisted review (TAR, or
predictive coding)
in order to brush through massive data sets for e-discovery.
Was ECA the mantra
in 2009 and
predictive coding the «new new thing» for 2010?
On the D4 blog and other blogs penned by experts
in the e-discovery and litigation support fields,
predictive coding, TAR, CAR — all powered by
predictive analytics — has gotten tremendous coverage, especially over the last year.
In sum, three trends --(1) pressure to spend less, (2) improvements in process and technology, and (3) growing recognition of the limits of human accuracy — will converge and lead to more «predictive coding»
In sum, three trends --(1) pressure to spend less, (2) improvements
in process and technology, and (3) growing recognition of the limits of human accuracy — will converge and lead to more «predictive coding»
in process and technology, and (3) growing recognition of the limits of human accuracy — will converge and lead to more «
predictive coding».
It was an informative gathering with lively roundtable discussions amongst peers on interesting e-discovery topics such as: judges ordering the use of
predictive coding, indexing data by concepts, the practicality of co-operation and disclosure of
predictive coding to opposing counsel, whether it's possible to conduct privilege reviews using
predictive coding and even securing executive buy -
in for «spring cleaning» data remediation projects.
- 31) 5.2 Introduction 5.3 Market Segmentation 5.3.1 By Solution 5.3.2 By Deployment Type 5.3.3 By Service Type 5.3.4 By Vertical 5.3.5 By Region 5.4 Evolution 5.5 Market Dynamics 5.5.1 Drivers 5.5.1.1 Focus on Decreasing Operational Budget of Legal DEPArtments 5.5.1.2 Global Increase
in Litigations 5.5.1.3 Stringent Policy and Compliance Regulations Worldwide 5.5.1.4 Increase
in Mobile Device Penetration and Usage 5.5.2 Restraints 5.5.2.1 High Cost Associated With E-Discovery Solutions and Services 5.5.2.2 Contradiction Between Data Protection and E-Discovery 5.5.3 Opportunities 5.5.3.1 Rise
in Demand for
Predictive Coding 5.5.3.2 Increased Usage of Social Media Websites 5.5.4 Challenges 5.5.4.1 Less Awareness About E-Discovery 5.5.4.2 Increase
in Cross-Border E-Discovery
LegalTech's recurring themes, at least for me, of eDiscovery,
predictive coding and storing and using information
in the cloud are all about content, accessing and delivering content
in efficient ways.
In an era where it's still a challenge to get lawyers to use technology like keyword searching, Nelson says it's a big leap of faith to ask them to use
predictive coding, which can add layers of complexity to the process from a technology perspective.
In the survey, the most commonly cited reasons for not adopting it, among those familiar with their company's stance on
predictive coding, were: concerns about accuracy (62 per cent); difficult to defend (57 per cent); cost (57 per cent); concerns about privilege / confidentiality (54 per cent), and difficult to understand (53 per cent).
In litigation, Nelson explains that
predictive coding technology can be used to rank and then «
code» or «tag» electronic documents based on criteria such as «relevance» and «privilege» to help reduce time spent on page - by - page lawyer document review.
A long line of court decisions
in the United States, and now also
in the United Kingdom and Ireland, have already driven greater interest
in and adoption of
predictive coding.
In fact, while 97 per cent said they were familiar with
predictive coding, 69 per cent have yet to adopt the technology.
Reflecting expectations that
predictive coding will play a greater role
in e-discovery, respondents broadened the list of skills helpful for future e-discovery practitioners.
As
predictive coding and analytics play a bigger role
in e-discovery, those with legal, IT and mathematical skills will be
in great demand.
However, as industry experts such as Craig Ball have noted,
predictive coding has failed to generate the traction
in the litigation marketplace that many forecast
in the aftermath of Judge Peck's widely publicized endorsement.
Analytics can help supplement
predictive coding — by visually clarifying its results, accelerating review of the remaining materials, and even assisting
in trial and deposition preparation.
There was a big focus
in the last year on
predictive coding solutions, social media,...
His primary focus
in recent months has been on the UX for Lexis DiscoveryIQ, a new eDiscovery enterprise software platform from LexisNexis that reimagines how and when
predictive coding is used
in the workflow.
In this case he uses
predictive coding to weed out unnecessary data and nearlines it for potential later need.
More than half cited
predictive coding as the key technological shift that could alter the balance of reasonableness and proportionality
in the coming years.