Browsing by Subject "Electronic discovery"

Now showing 1 - 10 of 21
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    Designing a Predictive Coding System for Electronic Discovery
    (2016-04-08) Soundarajan, Dhivya; Hook, Sara Anne
    Not long ago, the concept of using predictive coding and other technologies to assist with the electronic discovery process seemed revolutionary. Da Silva Moore and Global Aerospace stand as the first major cases where judges strongly supported predictive coding.1-2 A recent Indiana case recognized it as a useful method for reducing the amount of potentially relevant evidence that has to be searched and culled.3 Within just a few short years, using predictive coding as part of an electronic discovery process is now considered acceptable and perhaps even expected. It is not difficult to appreciate the advantages of predictive coding and its superiority over a manual process at various steps of electronic discovery, particularly during the review step.4-11 However, questions still remain about the efficacy of the predictive coding process and the tools that are available.12-13 Because the use of predictive coding systems in law is still in its infancy, it presents us with an opportunity to design something that will not only take advantage of the power of big data and computational algorithms, but that will also incorporate design and usability principles to provide an attractive and easy-to-use interface for lawyers to interact with. Predictive coding uses natural language processing and other mathematical models to enhance search results, but the essence of these systems is that they actually learn and the precision of the retrieval improves as additional collections of evidence are entered. Behind-the-scenes will be a repository where all of the evidence for a case resides. Our system will assist the lawyers in reducing the time and cost of an electronic discovery process as well as minimize the chances for mistakes in determining which evidence is relevant to a case and which evidence can be withheld under attorney-client privilege, as attorney work-product or another confidentiality doctrine. 1. Da Silva Moore v. Publicis Groupe & MSL Group, No. 11 Civ. 1279, 2012 WL 607412 (ALC) (AJP) (S.D.N.Y. Feb. 24, 2012). 2. Global Aerospace, Inc. v. Landow Aviation, L.P., No. CL 61040 (Vir. Cir. Ct. Apr. 23, 2012). 3. In re Biomet, 2013 WL 1729682 (N.D. Ind. Apr. 18, 2013). 4. Alison Silverstein and Geoffrey Vance. E-Discovery Myth Busters: Why Predictive Coding is Safe, Successful and Smart. Peer to Peer, Vol. 29, No. 4, December 2013, pp. 66-69. 5. John Papageorge. Predictive Coding Gaining Support in Courts. Indiana Lawyer, January 29-February 11, 2014, p. 8. 6. Adam M. Acosta. Predictive Coding: The Beginning of a New E-Discovery Era. Res Gestae, October 2012, pp. 8-14. 7. Ajith (AJ) Samuel. Analytics Driving the E-Discovery Process. Peer to Peer, Vol. 28, No. 2, June 2012. 8. Richard Acello. Beyond Prediction: Technology-Assisted Review Enters the Lexicon. ABA Journal, August 2012, pp. 37, 70. 9. Barry Murphy. The Rise of Technology-Assisted Review (TAR). Peer to Peer, Vol. 28, No. 2, June 2012, pp. 10. Brian Ingram. Controlling E-Discovery Costs in a Big Data World. Peer to Peer, Vol. 29, No. 1, March 2013. 11. Hal Marcus and Susan Stone. Beyond Predictive Coding - The True Power of Data Analytics [webinar]. International Legal Technology Association, May 19, 2015. 12. Jessica Watts and Gareth Evans. Predictive Coding in the Real World [webinar]. International Legal Technology Association, August 5, 2015. 13. Danielle Bethea. Predictive Coding: Revolutionizing Review or Still Gaining Momentum? Litigation and Practice Support: ITLA White Paper, International Legal Technology Association, June 2014.
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    Designing a Predictive Coding System for Electronic Discovery
    (2017-07-14) Soundarajan, Dhivya; Hook, Sara Anne
    This paper presents the preliminary results of a pilot project to design a predictive coding system for electronic discovery (e-discovery) that will be able to handle potentially relevant evidence in a myriad of formats and that will have the features and functionality that lawyers and members of the legal team will find most use-ful. We developed our predictive coding system to combine available software tools with particular emphasis on usability and in making the user interface as in-tuitive, attractive and user-friendly as possible. Future work will include a survey and interviews with potential users, testing the system with larger sets of files and documents, and continued refinement of the user interface and backend processing.
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    Discovery and Evidence: A Paralegal's Guide
    (2016-10-26) Hook, Sara Anne
    Are you up to date with the latest changes impacting discovery and evidence? Are you utilizing all the current best practices in discovery requests, discovery production, evidence handling, authentication, preparation and more? Don't miss this opportunity for up-to-date, street-smart strategies for gathering, analyzing and managing evidence. Brush up on the newest FRCP and FRE rule changes, their implications and applications in practice. Draft better discovery requests and responses and obtain practical tips for production and review. Learn current best practices for handling and storing evidence to prevent spoliation. Pick up pointers on exhibit and evidence presentation. Work effectively with experts and learn how to best manage expert reports.
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    Discovery Under the New Federal Rules of Civil Procedure
    (2016) Hook, Sara Anne
    The amendments to the Federal Rules of Civil Procedure (FRCP) have brought significant changes to e-discovery and litigation strategy. Are you taking full advantage of these changes? Learn how to apply the proportionality standard, new guidelines on spoliation and more to the next case. Presenters will explain how to adapt current e-discovery process to make the new FRCP changes work in daily law practice. Recognize how the amended rules speed up early stage litigation. Learn to interpret the new scope of discovery under Rule 26(b). Prepare for the practical impact of proportionality on your case. Master new preservation standards and upgrade your use of litigation holds. Get tips for drafting specific discovery requests and shifting discovery costs. Avoid ethical pitfalls when collecting and reviewing social media evidence.
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    Electronic Discovery in 2018: Current Challenges and Helpful Resources
    (2018) Hook, Sara Anne
    Back in 2011-2012, the author wrote a four-part series of articles on electronic discovery (e-discovery), specifically as it related to bankruptcy, for NABTalk: The Journal of the National Association of Bankruptcy Trustees.1-4 Since then, it has been exciting to watch the field of e-discovery evolve over the past decade, particularly from the vantage point of the author's role as a faculty member who teaches a full-semester online course on e-discovery every year. This article will summarize some of the recent developments in e-discovery, highlight some of the current challenges and feature some of the resources and technologies that are available to provide guidance and support for an e-discovery process.
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    Find It Free and Fast: Strategies for Legal Research on the Web
    (2014) Hook, Sara Anne
    The way we use the Internet today is leagues away from how it was being used even five years ago. In order to keep the pace, you need streamlined research skills that will make the internet an asset rather than a liability for your firm. How do your skills stack up? Do you know the best, most efficient ways to get what you need? At this informative seminar, we can show you how to harness the internet as an excellent resource.
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    Game On: Ethics and eDiscovery
    (2016-11-11) Cohen, David; Kenney, Jeannine; Stafford, Elizabeth; Hook, Sara Anne
    You will be presented with a hypothetical case involving a series of ethical decisions related to the discovery process. On each decision you will be asked to vote on whether counsel acted ethically or unethically. You vote by marking your game board AND using the red and green colored cards at your place. Following each vote, we will provide you with our interpretation of the correct answer, and the basis for that interpretation. In labeling conduct ethical vs. unethical, we are referring to the ethical rules and guidelines applicable to U.S. licensed attorneys and their delegates – not necessarily what might be considered ethical or unethical in a non-legal context. Just because conduct may not comply with “best practices,” that alone does not make it “unethical” for present purposes For this game, conduct will be considered unethical if it: Violates one or more applicable ethical rules; and/or Violates one or more legal ethics opinions; and/or Would leave a party or its counsel at substantial risk of being sanctioned based on existing rules or case law
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    Hot Topics in Informatics and Intellectual Property Law
    (2016-02-11) Hook, Sara Anne
    What is Informatics? What is Legal Informatics? Areas of Law at the Intersection of Law and Technology: Electronic Discovery Cybersecurity 3D Printing New and Emerging Technologies for the Practice of Law Challenges with New and Emerging Technologies: Unauthorized Practice of Law (UPL) Law Firm Marketing and Advertising Intellectual Property Law Issues The Future of Law Practice and How Informatics Can Help
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    How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out)
    (2016-10) Hook, Sara Anne
    With all of the changes surrounding social media and email, it's critical to get up to speed on the latest rules, procedures and case law. This full-day, cutting-edge course will walk you through state processes, procedures and the latest case law while equipping you with handy how-to's, sample screen shots, real world examples and shortcuts along the way. Expert attorney faculty, who know the ins and outs of these groundbreaking new forms of evidence, will provide practical tech advice that you can actually understand and start using right away. From email to Facebook, Twitter and Snapchat, to YouTube, Pinterest and video surveillance, this comprehensive ESI guide will give you invaluable insight into proven ways for identifying, preserving, producing, admitting and blocking ESI.