Oct 8

Kleen Hearing Day Two – The Battle of Boolean Searches versus Sampling and Predictive Coding and Attacking Expert Witnesses

Losing my entire collection of blog posts due to a server error has allowed me to revisit the posts I could find on my hard drive and update them like artists do with box collections.  So this first paragraph updates the blog post.  I actually updated this post with an eDJ Group post last year when the Kleen Products litigants agreed to cooperate and continue the current Boolean Searches.  Many pundits claimed a victory for the anti-predictive coding camp.  I said it was an uphill battle for the plaintiffs because of the burden changing in mid stream a review approach that the Defendants’ had been using across 6 defendants.  I was thrilled to get to watch this argument first hand but the real challenge today isn’t the arguing the process.  It is that lawyers do are not yet comfortable on how to validate these tools to even propose in large numbers that they start using predictive coding.  That is the purpose behind the Predictive Coding Thought Leadership Series which I have been touring the country and leading a CLE programs on validation and statistics.  So enjoy my accurate assessment of this case, though I admit I overstated the pace of future change to predictive coding…. Read More

Oct 8

Since losing access to the server which hosted our blog site, I have been trying to update my blog posts with what I have on my hard drive.  This has given me the opportunity to create a new paragraph as an update on where we stand today as opposed to where we stood almost 3 years ago when this blog site was launched.  The thesis of DocReviewMD rings even truer today.  Linear review lives on and is still the primary review approach being used.  Nothing wrong with that.  There are ways to do good reviews even with older tools.  But it does take more effort and costs more.  Studies show it is not more effective.  So why do it?  A lack of education.  That is why we launched the Predictive Coding Thought Leadership Series tour in 2013.  To try and teach simple statistics so lawyers can become more comfortable using technology to support reviews.  This is just what the Doctor ordered.  Read on and enjoy…. Read More

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