Oct 8


Losing my server and with it the original DocReviewMD blog posts has given me the opportunity to repost and revisit the posts I have been able to locate and re-issue them.  This was not my favorite post because it was a response to the mud slinging which occurred in da Silva Moore.  My original draft posting never saw the light of day.  To put it mildly, I was incensed at the personal attacks made in this case which time has shown were highly ineffective.  There is no vendor conspiracy in this field.  Judges who offer their time to educate are doing just that, educating.  Education remains the biggest challenge in the advancement of document review and that is why we launched the Predictive Coding Thought Leadership Series which has the involvement of many judges who are all freely donating their time to help educate lawyers on their reaction to new technology like predictive coding.  Enjoy…. Read More

Oct 8

Since my server died with the entire collection of DocReviewMD blog posts, I figured I would update these posts based on where the predictive coding field is today and treat these posts as a re-release.  I remember drafting this post last year when I thought rather naively that we had just changed the litigation world.  Global Aerospace then continued with the predictive coding process being run, meet and confers with the opposing lawyers, and an agreement to produce the documents we coded using predictive coding.  While the case eventually settled, Global Aerospace for me stands as the best example of a successful predictive coding case.  We got the order we needed to use the process when opposing counsel wouldn’t agree to use predictive coding.  We then ran the software program and trained it using an expert reviewer who was a partner in the law firm’s construction litigation group.  We stabilized the tool then met with opposing counsel and talked through how we coded documents including sharing the null set.  Opposing counsel disagreed on a small number of documents we had coded not responsive.  We added these documents into the language model and pushed the button.  No other case has made it this far.  I believe it was the transparent approach we followed to make discovery about getting agreement on the process which is best accomplished when you are transparent.  Contrast that with Da Silva Moore which is still an ongoing case, and you can get a sense of how successful we were. The end result is we culled the 1.3 million documents in the collection to 200,000 documents with family members included and got the review done with a handful of attorneys.  A great outcome which resulted in two Wall Street Journal articles.  Yet for some reason today, the acceptance of predictive coding hasn’t taken off.  Which is one reason why we have been touring the country offering inexpensive CLE’s through the Predictive Coding Thought Leadership Series on how to validate predictive coding results.  Read on and enjoy…. Read More

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