Tag Archives: Sampling

Courts Should Consider Search Technology, Say New Penn. E-Discovery Rules


The Supreme Court of Pennsylvania

The Supreme Court of Pennsylvania has adopted new e-discovery rules that expressly distance federal e-discovery jurisprudence and instead emphasize “traditional principles of proportionality under Pennsylvania law.” Notably, the new rules provide that, when weighing proportionality, parties and courts should consider electronic search and sampling technology, among other factors.

The court promulgated the new e-discovery rules June 6 as amendments to the Pennsylvania Rules of Civil Procedure. They take effect Aug. 1, 2012. Continue reading

Catalyst’s Jim Eidelman Discusses Predictive Coding in ‘Law Technology News’

Now that U.S. District Judge Andrew L. Carter Jr. has affirmed the groundbreaking predictive coding order issued by U.S. Magistrate Judge Andrew J. Peck in Da Silva Moore v. Publicis Groupe, Law Technology News reporter Evan Koblentz went back and spoke to leading professionals in the legal technology field for their reactions. You can read his story here: Take Two: Reactions to ‘Da Silva Moore’ Predictive Coding Order.

One of the people Koblentz quotes is Catalyst’s own Jim Eidelman, senior search and analytics consultant on the Catalyst Search & Analytics Consulting team. These court decisions gave predictive coding “a legitimacy that was needed,” Eidelman told Koblentz. Continue reading

Should the ‘Daubert’ Standard Apply to Predictive Coding? We May Know Soon

It’s been a month since U.S. Magistrate Judge Andrew J. Peck issued his seminal opinion on predictive coding, Da Silva Moore v. Publicis Groupe, and it continues to make waves. Notably, it appears that U.S. District Judge Andrew L. Carter Jr. will weigh in on the issue. On March 13, he entered an order granting plaintiffs’ request to submit additional briefing on their objections to Judge Peck’s order.

A key issue Judge Carter may need to address is one given short shrift in coverage of and commentary on Judge Peck’s opinion. Understandably, most of the commentary focused on the fact that Judge Peck’s opinion marked a milestone — the first judicial opinion to recognize that computer-assisted review is an acceptable way to search for electronically stored information. Continue reading

Judge Peck Provides a Primer on Computer-Assisted Review

PrimerCoverMagistrate Judge Andrew J. Peck issued a landmark decision in Monique Da Silva Moore v. MSL Group, filed on Feb. 24, 2012. This much-blogged-about decision made headlines as being the first judicial opinion to approve the process of “predictive coding,” which is one of the many terms people use to describe computer-assisted coding.

Well, Judge Peck did just that. As he hinted during his presentations at LegalTech, this was the first time a court had the opportunity to consider the propriety of computer-assisted coding. Without hesitation, Judge Peck ushered us into the next generation of e-discovery review—people assisted by a friendly robot. That set the e-discovery blogosphere buzzing, as Bob Ambrogi pointed out in an earlier post. Continue reading

In A Milestone for Predictive Coding, Judge Peck Says, ‘Go Ahead, Dive In!’

Lawyers and predictive coding are like kids around the swimming hole — no one wants to be the first to dive in for fear the water is cold or it harbors scary creatures. But once someone takes the lead, dives in and declares the water fine, everyone else is quick to follow.

That is why U.S. Magistrate Judge Andrew J. Peck’s opinion published Friday marks a major milestone for the use of predictive coding in e-discovery. It is the first judicial opinion in which a court has expressly approved the use of computer-assisted review. Continue reading

An On-the-Record Colloquy about Predictive Coding With Judge Peck

U.S. Magistrate Judge Andrew J. Peck

We all talk all the time about predictive coding, but it is not often that you get perspective on it direct from the battle-scarred trenches of high-stakes litigation. Over at Law Technology News, editor Sean Doherty reports on a recent hearing before U.S. Magistrate Judge Andrew J. Peck of the Southern District of New York in which Judge Peck ordered the parties to adopt a protocol for e-discovery that includes the use of predictive coding. It appears to be the first federal case to formally endorse the use of predictive coding, Doherty writes.

The case, Monique Da Silva Moore v. Publicis Groupe, is a class action alleging widespread discrimination against women employed by one of the world’s “big four” advertising conglomerates. In a sometimes contentious Feb. 8 teleconference with Judge Peck — of which LTN has published the transcript — the parties debate sanctions and various Continue reading

‘Mt. Hawley’ Affirmed and Claim Dismissed: District Judge Again Puts His Stamp of Approval on Troubling Rulings

For over a year, we have been writing about a West Virginia decision (and its progeny) that we believe went too far in making new e-discovery law. The original decision, issued May 18, 2010, was styled Mt. Hawley Insurance Co. v. Felman Production. You can read my original post at: Bad Facts Make Bad Law: ‘Mt. Hawley’ A Step Backward for Rule 502(b).

In that decision, Magistrate Judge Mary E. Stanley held that Felman had waived attorney-client privilege by inadvertently producing a smoking-gun email to counsel suggesting that it might be helpful to their insurance claim for business interruption to backdate several orders from clients. If the orders had come in while the machinery in question was under repair, that might provide support for their $38 million dollar insurance claim. You have to love their chutzpa Continue reading

Does Sampling Case Set a ‘Dangerous Precedent’?

At her On the Case blog for Thomson Reuters, Alison Frankel has an intriguing report about a U.S. magistrate judge’s order in an e-discovery dispute that has prompted the U.S. Chamber of Commerce to leap into the fray, warning that the order, if allowed to stand, will set “a dangerous precedent” and will be of “profound significance to businesses in America.” In what Frankel describes as a “venture into the weeds of a federal district court discovery dispute,” the Chamber has filed an amicus brief in U.S. District Court in Manhattan asking a federal judge to overturn the order. The Washington Legal Foundation and the International Association of Defense Counsel have also weighed in as amicus. Continue reading

Smart Sampling in E-Discovery: Reduce Document Review Costs Without Compromising Results

The cover of the October 2011 Tennessee Bar Journal features an article, Smart Sampling in E-Discovery: Reduce Document Review Costs Withut Compromising Results. The article was co-authored by John Tredennick, Catalyst founder and CEO, and Tom Turner, president and co-founder of Document Solutions Inc.

The article addresses a problem that is becoming more common in e-discovery: As we increasingly rely on search technology to help identify relevant documents and to exclude privileged documents, how can we be assured that our searches are not Continue reading