From the article: “References to the ‘Sedona Bubble’ are overheard more and more commonly at conferences dealing with cutting edge topics like the use of predictive coding technology in eDiscovery. The ‘Sedona Bubble’ refers to a small number of lawyers and judges (most of whom are members of The Sedona Conference) that are fully engaged […]
Indiana Federal Court’s Order Approves Defendant’s Use of Predictive Coding After Keyword Searching Judge Robert Miller Jr., of the United States District Court for the Northern District of Indiana, issued an order on April 18, 2013 authorizing predictive coding by the defendant despite the fact that the defendant proceeded with e-discovery before the cases were […]
The full text is available at http://www.newyorklawjournal.com…
On March 11, 2013, a New York District Court issued an order recognizing TAR as an acceptable search methodology, able to reduce discovery’s costs and burdens. The court rejected a burden argument on the grounds that “[w]ith the advent of software, predictive coding, spreadsheets and similar advances, the time and cost to produce large reams […]
On February 1, 2013, a California District Court issued an order granting Defendant’s motion for more than $2.8 million in fees associated with a “computer assisted, algorithm-driven document review” of almost 12 million records – mostly in the form of Electronically Stored Information (ESI). The court awarded the defendant attorney’s fees and TAR-related costs under […]
The full text is available at http://law.duke.edu… The full text is also available at http://www.americanbar.org…
From the article: The objective of this white paper is to outline the best practices that are emerging in the application of predictive coding technology to the e-discovery arena The full text can be downloaded at http://www.equivio…
While commenting on Judge Laster’s sua sponte order of predictive coding in EORHB v. HOA Holdings, the author reminds that the predictive coding technology is far from settled and that its pitfalls are difficult to discover, let it alone to solve. “Although many proponents of predictive coding technology will see Judge Laster’s approach as an […]
Vice Chancellor J. Travis Laster, a Delaware state court judge, ordered sua sponte the parties to use predictive coding and to hire the same e-discovery vendor. In particular, while deciding a motion for summary judgment for the defendants and denying plaintiff’s motion to strike counterclaims, the judge ordered the parties to use predictive coding: “This seems […]
United State Magistrate Judge Nan R. Nolan ruled on various discovery disputes and wrote in her conclusion: “Since its publication in 2009, more than 100 federal judges have endorsed the Cooperation Proclamation. In an effort to aid courts and counsel, The Sedona Conference has published guides and toolkits to facilitate proportionality and cooperation in discovery. Moreover, […]