Predictive Coding – Page 2

Why Deviate from Native Files in a Case Management Order?

December 9, 2014 Josh Gilliland Form of Production, Predictive Coding, TIFF

There are Case Management Orders that show parties spent a lot of time considering eDiscovery issues. There are the ones that show a lack of thought. There are ones that are mixed. This one shows a lot of forethought, but I am puzzled by the form of production. Technology Assisted[…]

Even A Judged Questioned Why Ask for Permission to Use Predictive Coding

September 18, 2014 Josh Gilliland e-Discovery, eDiscovery, Predictive Coding

I do not normally want to high five Federal judges, but Judge Ronald Buch, a Tax Judge in Texas, sure deserved one after his Dynamo Holdings opinion. The discovery dispute can be summed up as a battle over backup tapes that had confidential information. The Requesting Party wanted the tapes; the Producing[…]

Nebraska, Where Proportionality is Alive and Well in Discovery

September 2, 2014 Josh Gilliland Predictive Coding, Privacy, Proportionality, Request for Production, Search Terms

One lesson from United States v. Univ. of Neb. at Kearney, is that maybe you should take depositions of key parties and use interrogatories to find out relevant information to your case before asking for over 40,000 records that contain the personal information of unrelated third-parties to a lawsuit. The[…]

Does Proportionality Disappear If a Lawyer Says “Predictive Coding” Three Times?

August 20, 2014 Josh Gilliland Predictive Coding, Proportionality

The In re Bridgepoint Education case is not one about the merits of predictive coding, but one of proportionality over expanding the scope of discovery by nine months. In re Bridgepoint Educ., 2014 U.S. Dist. LEXIS 108505, 10-11 (S.D. Cal. Aug. 6, 2014). While the cost of document review and[…]

Stuck in the Predictive Coding Pipeline

June 25, 2014 Josh Gilliland Predictive Coding

ExxonMobil Pipeline had a problem in discovery: their discovery responses were overdue. The requests for production was served in November 2013 and due after one extension in January 2014. The Plaintiffs rightly brought a motion to compel. The Defendants had enough discovery to give most eDiscovery attorneys a migraine with[…]

Guess What? Cooperation Does Not Mean Privilege or Relevancy Are Dead

December 11, 2013 Josh Gilliland e-Discovery, Predictive Coding

Here is the big lesson from the latest Biomet opinion over predictive coding: The Steering Committee wants the whole seed set Biomet used for the algorithm’s initial training. That request reaches well beyond the scope of any permissible discovery by seeking irrelevant or privileged documents used to tell the algorithm[…]

Clawback Agreements to Eliminate the Burden of Privilege Review

April 21, 2013 Josh Gilliland Document Review, e-Discovery, Predictive Coding, Privilege Review, Search Terms, Waiver of Privilege

I am gonna to hit the brakes, he’ll fly right by me. Maverick, Top Gun You’re gonna do what? Merlin, Top Gun Attorneys feel compelled by their duty of competency to their clients to have eyes on every document that might be privileged. Given cases such as J-M Manufacturing it[…]

2012 Case Law Year-In-Review

January 3, 2013 Josh Gilliland Civil Procedure, Duty to Preserve, e-Discovery, Predictive Coding, Reasonable Expectation of Privacy, Search Terms, Social Networking, Stored Communications Act, Twitter

2012 eDiscovery Case Law included everything from Tweets to Computer-Assisted Review. However, there was also a very basic theme that is hard to ignore: Cases should be about the merits. And for cases to be decided on the merits, attorneys need to educate themselves on electronic discovery so they know[…]

Judicial Test Pilot

April 27, 2012 Josh Gilliland e-Discovery, Electronically Stored Information, Predictive Coding

When you think of Tom Wolfe’s “The Right Stuff,” test pilots and astronauts immediately come to mind. Aviators who risked their lives testing new technology that went higher and faster than anything else that could fly. The pilots who flew the X planes of the 1940s to 1960s built the[…]

How to Get an eDiscovery Evidentiary Hearing

April 6, 2012 Josh Gilliland Discovery, Duty to Preserve, e-Discovery, Electronically Stored Information, ESI, Predictive Coding

Judge David Waxse waded into a case that highlighted issues in parties not cooperating and possible inadequate preservation, search and production of ESI. Chura v. Delmar Gardens of Lenexa, Inc., 2012 U.S. Dist. LEXIS 36893, 7-8 (D. Kan. Mar. 20, 2012). The litigation involved an employment dispute with claims of[…]