Oct 8

After losing the server on a cloud service which contained my docreviewmd blog posts, I am attempting to update my blog site with what I have from the collection saved on my hard drive.  Then like a re-issue of a CD collection in a box set, I am updating the liner notes with new introductions.   I believe more than ever that the thesis of this post pointed out in my Legal Hydra article published in Forbes remains true today.  Lawyers are still trying to solve technology problems with law.  This is one reason we launched the Predictive Coding Thought Leadership Series tour in 2013 to teach lawyers how to measure the effectiveness of predictive coding results through sampling.

This blog post is also eventful right now because Jason Baron just left his government post and joined up with some good friends of mine at Drinker Biddle.  I expect that Jason will continue his good work though the billable hour may curtail his ability to continue preaching the gospel.  Let me be the first to say that I hope it doesn’t.  But good luck Jason with your new position and best of luck.  ….. Read More

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

Oct 8

Originally posted on March 27, 2012

When a server crashed and I lost my many of my original blog posts, it gave me the opportunity to update the DocReviewMD posts and look back.  Sorry to say, I have been unable to locate the first da Silva Moore blog post but I will keep looking.  Today that case continues to grow and has become a battle between experts.  In essence it is a train wreck.  But this is no surprise as it is the first case using predictive coding and there are many issues surrounding the use of these tools which we are still figuring out.  That is the basis of the 2013 Predictive Coding Thought Leadership Series I have been touring the country with in 2013.  But it is fun to look at the back catalogue on what we were saying back in early 2012 about these tools.  Enjoy….. Read More

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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