Arnett v. Bank of America, No. 3:11-cv-1372, 2014 WL 4672458 (D. Or. Sept. 18, 2014)

On September 18, 2014, the Oregon District Court, issued an order in a Consolidated Amended Class Action Complaint against excessive flood insurance coverage. Among other matters, the order is interesting because it highlights the parties’ use of TAR. In this case, Plaintiff’s counsel reviewed more than 1.1 million documents produced in the case using “search […]

Bridgestone Ams., Inc. v. Int’l Bus. Machines Corp., Case No. 3:13-1196, 2014 WL 4923014 (M.D. Tenn. July 22, 2014)

On July 22, 2014, the Tennessee District Court issued an order in a breach of contract dispute. Among other issues, the order is interesting because the Court permitted Plaintiff to switch to TAR after having previously agreed to use search terms and manual review. Defendant objected that the request was an “unwarranted change in the […]

Matt Nelson, The litigator’s Toolbelt: Predictive Coding 101

The author discusses what is predictive coding and how it differs from other tools that are in the litigators’ technology tool belts. On the one hand the article defines predictive coding while on the other it describes some other TAR tools commonly used in e-discovery, such as keyword search, concept search, discussion threading, clustering, find similar, near duplicate […]

Deutsche Bank National Trust Co. v. Decision One Mortgage Co., LLC, 13 L 5823, 2014 WL 764707 (Ill. Cir. Ct. Jan. 28, 2014)

On January 28, 2014, an Illinois Circuit Court issued an order encouraging the use of TAR. The Court stated that the parties are encouraged to satisfy their discovery obligations in an “agreeable, efficient and effective” manner. “If the parties agree that predictive coding would be appropriate in this case, they are encouraged to use that […]

R. T. Oehrle & E. A. Johnson, The Structure of Predictive Coding: A Guide for the Perplexed

Date of publication not available. Paper presented at The 10th Annual Advanced eDiscovery Institute, Nov. 21-22, 2013 The goal of this paper is to characterize the structural choices of Predictive Coding solutions so as to gain a clearer delineation of the range of systems available in principle and a clearer understanding of the different advantages and […]

Nathan M. Crystal, Inadvertent Production of Privileged Information in Discovery in Federal Court: The Need for Well-Drafted Clawback Agreements, 64 S.C. L. REV. 581 (2013)

Inadvertent Production of Privileged Information in Discovery in Federal Court: The Need for Well-Drafted Clawback Agreements, 64 S.C. L. REV. 581 (2013), http://www.nathancrystal.com/pdf/ClawbackAgreements.pdf