Our Insights on eDiscovery

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You May Be a User of Predictive Coding Technology and Not Realize It: eDiscovery Trends
 You May Be a User of Predictive Coding Technology and Not Realize It: eDiscovery Trends 506 316 CloudNine

At the Houston ACEDS luncheon/TAR panel last week, we asked a few questions of the audience to gauge their understanding and experience with Technology Assisted Review (TAR). Some of the questions (like “have you used TAR on a case?”) were obvious questions to ask. Others might have not been so obvious.

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Training Snapshot: Boolean Searching from CloudNine
 Training Snapshot: Boolean Searching from CloudNine 150 150 CloudNine

A snapshot demonstration of the process and syntax required to perform boolean searches within CloudNine to combine and connect multiple criteria properly using AND, OR or AND NOT operators.

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Why Is TAR Like a Bag of M&M’s?, Part Two: eDiscovery Best Practices
 Why Is TAR Like a Bag of M&M’s?, Part Two: eDiscovery Best Practices 432 322 CloudNine

TAR began as a process and in the early stage of the discussion, it was common to refer to various TAR tools under the heading “analytics”. But before long, the definition began to erode and TAR started to become synonymous with Predictive Coding.

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Chris Dale of the eDisclosure Information Project: eDiscovery Trends 2018
 Chris Dale of the eDisclosure Information Project: eDiscovery Trends 2018 258 396 CloudNine

Today’s thought leader is Chris Dale. Chris is Editor of the eDisclosure Information Project. Chris qualified as an English solicitor in 1980. He was a litigation partner in London and then a litigation software developer and litigation support consultant before turning to commentary on electronic disclosure / discovery. He runs the e-Disclosure Information Project which disseminates information about the court rules, the problems, and the technology to lawyers and their clients, to judges, and to suppliers. He was a member of Senior Master Whitaker’s Working Party which drafted Practice Direction 31B and the Electronic Documents Questionnaire. Chris is also a well-known speaker and commentator in the UK, the US and other common law jurisdictions.

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Why Is TAR Like a Bag of M&M’s?: eDiscovery Best Practices
 Why Is TAR Like a Bag of M&M’s?: eDiscovery Best Practices 432 322 CloudNine

Over the past year I have asked this question several different ways in blogs and webinars about technology assisted review (TAR). Why is TAR like ice cream? Think Baskin Robbins? Why is TAR like golf? Think an almost incomprehensible set of rules and explanations. Why is TAR like baseball, basketball or football? Think never ending arguments about the best team ever. And now my latest analogy. Why is TAR like a bag of M&M’s?

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Brad Jenkins of CloudNine: eDiscovery Trends 2018
 Brad Jenkins of CloudNine: eDiscovery Trends 2018 373 393 CloudNine

Today’s thought leader is Brad Jenkins. Brad is CEO of CloudNine™. Brad has over 20 years of experience as an entrepreneur, as well as 18 years leading customer focused companies in the litigation technology arena. Brad consults clients on implementing best practices in litigation document management and the impact of technology on managing discovery. Brad is very involved in eDiscovery educational efforts and currently serves as the President of the Houston ACEDS Chapter. He’s also my boss! :o)

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Defendant Sanctioned for “Deliberately” Altering a Skype Communication: eDiscovery Case Law
 Defendant Sanctioned for “Deliberately” Altering a Skype Communication: eDiscovery Case Law 479 270 CloudNine

In GoPro, Inc. v. 360Heros, Inc., California District Judge Susan Illston denied the plaintiff’s motion for summary judgment and denied the defendant’s motion in limine to exclude the testimony of the plaintiff’s forensic analysis expert, but granted (in part) the plaintiff’s motion for partial terminating sanctions against the defendant for forging evidence in two Skype conversations, opting for an adverse inference instruction sanction and reimbursement of expenses related to forensic analysis and testimony instead of the terminating sanctions sought.

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Law Enforcement Has Found a New Way to Put a Finger on iPhone Evidence: eDiscovery Trends
 Law Enforcement Has Found a New Way to Put a Finger on iPhone Evidence: eDiscovery Trends 282 393 CloudNine

A dead finger, that is. Believe it or not, cops are now opening iPhones with dead people’s fingerprints.

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Maura R. Grossman of the University of Waterloo: eDiscovery Trends 2018
 Maura R. Grossman of the University of Waterloo: eDiscovery Trends 2018 288 390 CloudNine

Today’s thought leader is Maura R. Grossman. Maura is a Research Professor in the David R. Cheriton School of Computer Science at the University of Waterloo and principal of Maura Grossman Law. Previously, she was Of Counsel at Wachtell, Lipton, Rosen & Katz, where she pioneered the use of technology-assisted review (TAR) for electronic discovery. Maura’s research with Gordon V. Cormack has been cited in cases of first impression in the United States, Ireland, and (by reference) in the United Kingdom and Australia, approving the use of TAR in civil litigation. Maura has served as a special master in the Southern District of New York and the Northern District of Illinois to assist with issues involving search methodology. In 2015 and 2016, Maura served as a coordinator of the Total Recall Track at the National Institute of Standards and Technology’s Text Retrieval Conference (TREC); in 2010 and 2011, she served as a coordinator of the TREC Legal Track. Maura is also an Adjunct Professor at Osgoode Hall Law School at York University and at the Georgetown University Law Center. Previously, she taught at Columbia Law School, Rutgers Law School—Newark, and Pace Law School.

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Jason R. Baron of Drinker Biddle & Reath LLP: eDiscovery Trends 2018
 Jason R. Baron of Drinker Biddle & Reath LLP: eDiscovery Trends 2018 258 396 CloudNine

Today’s thought leader is Jason R. Baron. Jason is a member of Drinker Biddle & Reath LLP’s Information Governance and eDiscovery practice and co-chair of the Information Governance Initiative. An internationally recognized speaker and author on the preservation of electronic documents, Jason previously served as the first Director of Litigation for the U.S. National Archives and Records Administration, and as trial lawyer and senior counsel at the Department of Justice. He also was a founding co-coordinator of the National Institute of Standards and Technology TREC Legal Track, a multi-year international information retrieval project devoted to evaluating search issues in a legal context. He served as lead editor of the recently published ABA book, Perspectives on Predictive Coding and Other Advanced Search Methods for the Legal Practitioner.

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