How Good is Your Predictive Coding Poker Face?



Similar documents
The Truth About Predictive Coding: Getting Beyond The Hype

The State Of Predictive Coding

ESI and Predictive Coding

E-Discovery in Mass Torts:

MANAGING BIG DATA IN LITIGATION

Predictive Coding: A Primer

Electronically Stored Information in Litigation

Recent Developments in the Law & Technology Relating to Predictive Coding

E-discovery Taking Predictive Coding Out of the Black Box

Predictive Coding: How to Cut Through the Hype and Determine Whether It s Right for Your Review

THE PREDICTIVE CODING CASES A CASE LAW REVIEW

Technology- Assisted Review 2.0

Traditionally, the gold standard for identifying potentially

Technology Assisted Review: The Disclosure of Training Sets and Related Transparency Issues Whitney Street, Esq. 1

The Duty of Preservation

Judge Peck Provides a Primer on Computer-Assisted Review By John Tredennick

Managed Services: Maximizing Transparency and Minimizing Expense and Risk in ediscovery and Information Governance

Pros And Cons Of Computer-Assisted Review

Making The Most Of Document Analytics

PREDICTIVE CODING: SILVER BULLET OR PANDORA S BOX?

Predictive Coding Helps Companies Reduce Discovery Costs

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow

Technology Assisted Review of Documents

Predictive Coding, TAR, CAR NOT Just for Litigation

New York Law Journal (Online) May 25, 2012 Friday

Predictive Coding Defensibility and the Transparent Predictive Coding Workflow

case 3:12-md RLM-CAN document 396 filed 04/18/13 page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION

The Case for Technology Assisted Review and Statistical Sampling in Discovery

Case 1:14-cv RMB-AJP Document 207 Filed 03/03/15 Page 1 of 17

Predictive Coding: E-Discovery Game Changer?

The Evolution, Uses, and Case Studies of Technology Assisted Review

Florida E-Discovery 2013

2015 Thomson Reuters. No Claim to Orig. US Gov. Works.

DOCUMENT review accounts. Towards a Synthesis of Judicial Perspectives on Technology-Assisted Review. By Julia L. Brickell and Peter J.

Top 10 Best Practices in Predictive Coding

Technology-Assisted Review and Other Discovery Initiatives at the Antitrust Division. Tracy Greer 1 Senior Litigation Counsel E-Discovery

A Practitioner s Guide to Statistical Sampling in E-Discovery. October 16, 2012

Predictive Coding: Understanding the Wows & Weaknesses

Case 2:11-cv LRH-PAL Document 174 Filed 07/18/14 Page 1 of 18 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * Plaintiff, Defendants.

How To Write A Document Review

Emerging Topics for E-Discovery. October 22, 2014

Predictive Coding in Multi-Language E-Discovery

The United States Law Week

Navigating Information Governance and ediscovery

Review & AI Lessons learned while using Artificial Intelligence April 2013

READY FOR THE MATRIX? MAN VERSUS MACHINE

Predictive Coding Defensibility

The Predictive Coding Soundtrack: Rewind, Play, Fast-Forward

Predictive Coding: Emerging E Discovery Tool Leveraging E Discovery Computer Assisted Review to Reduce Time and Expense of Discovery

Effective Protocols for Reducing Electronic Discovery Costs

RISE OF THE MACHINES: Technology-Assisted Coding in the ESI Age. Robert J. Burns Benjamin R. Wilson

Predictive Coding: A Rose by any Other Name by Sharon D. Nelson, Esq. and John W. Simek 2012 Sensei Enterprises, Inc.

Case 1:11-cv ALC-AJP Document 96 Filed 02/24/12 Page 1 of 49

Intermountain ediscovery Conference 2012

Predictive Coding Cases. 1. Da Silva Moore v. Publicis Groupe, 2012 U.S. Dist. LEXIS (SDNY, Feb. 24, 2012)

E-DISCOVERY AND KEYWORDS: NOT SO KEY AFTER ALL FACE 2 FACE A CONFERENCE FOR LITIGATION SUPPORT CBA - NS FRIDAY, DECEMBER 7, 2012 HALIFAX, NOVA SCOTIA

IN THE CIRCUIT COURT FOR LOUDOUN COUNTY

Mastering Predictive Coding: The Ultimate Guide

Predictive Coding and The Return on Investment (ROI) of Advanced Review Strategies in ediscovery

April Edition of Notable Cases and Events in E-Discovery

forensics matters Is Predictive Coding the electronic discovery Magic Bullet? An overview of judicial acceptance of predictive coding

In my article Search, Forward: Will manual document review and keyword searches

Quality Control for predictive coding in ediscovery. kpmg.com

Navigating E-Discovery, And The

ACADEMIC AFFAIRS COUNCIL ******************************************************************************

Measuring Recall in E-Discovery, Part Two: No Easy Answers

Application of Simple Random Sampling 1 (SRS) in ediscovery

TECHNOLOGY-ASSISTED REVIEW: A View From Plaintiffs Side

Case 1:14-cv RMB-AJP Document 301 Filed 07/15/15 Page 1 of 6

SMARTER. Jason R. Baron. Revolutionizing how the world handles information

White Paper Technology Assisted Review. Allison Stanfield and Jeff Jarrett 25 February

Far From the Black Box: Explaining Equivio Relevance to Lawyers. White Paper by Chris Dale of the e-disclosure Information Project

Any and all documents Meets Electronically Stored Information: Discovery in the Electronic Age

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION MEMORANDUM CONCERNING APPOINTMENT OF SPECIAL MASTER AND SCHEDULING

THE NEW WORLD OF E-DISCOVERY

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Current Issues in e-discovery

November/December 2010 THE MAGAZINE OF THE AMERICAN INNS OF COURT. rofessionalism. Ethics Issues. and. Today s. Technology.

Digital Government Institute. Managing E-Discovery for Government: Integrating Teams and Technology

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

THE AMERICAN LAW INSTITUTE Continuing Legal Education. Advanced Employment Law and Litigation February 27 March 1, 2014 Washington, D.C.

Cost-Effective and Defensible Technology Assisted Review

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

It's a Numbers Game: The Value of ediscovery Metrics

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

How to Manage Costs and Expectations for Successful E-Discovery: Best Practices

E-Discovery Tip Sheet

Case 2:07-cv JPM-dkv Document 85 Filed 01/08/2008 Page 1 of 8

Case 1:11-cv ALC-AJP Document 175 Filed 04/26/12 Page 1 of 5

Case 2:05-cv HGB-ALC Document 342 Filed 07/14/08 Page 1 of 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA VERSUS NO.

Pr a c t i c a l Litigator s Br i e f Gu i d e t o Eva l u at i n g Ea r ly Ca s e

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT, MOTION FOR ATTORNEYS FEES, SETTLEMENT HEARING AND RIGHT TO APPEAR

IN THE CIRCUIT COURT FOR LOUDOUN COUNTY

HOW TO BECOME AN ESI HERO

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * ) ) ) ) ) ) ) ) ) ) )

Case 1:04-cv RJL Document Filed 08/16/13 Page 1 of 6. EXHIBIT 1 s

Discussion of Electronic Discovery at Rule 26(f) Conferences: A Guide for Practitioners

E-Discovery in Michigan. Presented by Angela Boufford

The case for statistical sampling in e-discovery

Transcription:

How Good is Your Predictive Coding Poker Face? SESSION ID: LAW-W03 Moderator: Panelists: Matthew Nelson ediscovery Counsel Symantec Corporation Hon. Andrew J. Peck US Magistrate Judge Southern District of New York Steven Teppler Attorney Abbott Law Group, PA

2013 World Series of Poker Champion Ryan Riess Ryan RiessPhoto by WSOP.com $8.36m in Cold Hard Cash 2

Limits on Predictive Coding? What is keeping you from going All-In with Predictive Coding? 1. Nothing. We Use Predictive Coding 2. Seems Risky 3. Expensive 4. Too Confusing 5. Answers 2 through 4 3

How it Works 100% Ranked by Responsiveness 80% 60% 40% 20% 0% Total Docs 4 Reviewed & Responsive Non Responsive Cut Off Benefits: 1. Early Case Evaluation 2. Review Less 3. Increased Accuracy 4. Save Money

Predictive Coding Case Law CASE LAW KEY FACTS Da Silva Moore v. Publicis Group In re Actos: (Pioglitazone) Product Liability Litigation *Anheuser-Busch InBev NV & Grupo Modelo Merger Agree to use PC, but disagree on protocol PC Acceptable in appropriate cases. Parties continue to scuffle Parties stipulate to use PC Case Man. Order outlines protocol Protocol is confusing DoJ investigation led to document request Lawyers claimed review of > 1m docs required Agreed to use PC and decreased cost by 50% EORHB, Inc. v. HOA Holdings, Inc. Judge suggests PC to parties Parties asked to show cause if they object Recommends selecting one vendor Hinterberger v. Catholic Health Systems Gordon v. Kaleida Health Judge suggests PC after lengthy keyword battles Parties disagree over seed set & protocol P s MTC dismissed w/out prejudice for now

Predictive Coding Case Law CASE LAW KEY FACTS *NDLON v. ICE, et. al Global Aerospace et. al. v. Landow Aviation Cambridge Place Investments v. Morgan Stanley Kleen Products v. Packaging Corporation of America In re: Biomet M2a Magnum Hip Implant Products Liability Litigation MSJ re adequacy of gov t FOIA search Evaluation of gov t keyword approach Dicta endorses use of PC D files motion for protective order to use PC P radical departure from manual review Judge grants D s order D files motion to use PC over P s objection Court approves the use of PC Parties required to agree on protocol P tries to force to Ds to use PC Some Ds already reviewed and produced PC issue on hold until October 2013 D objects to P s use of keywords before PC Requiring D to use PC on 19.5m not proportional Large % of docs may have been left behind Fosamax/Alendronate Sodium Drug Cases D produced more than 11m docs in related cases P wants D to redo productions using PC Denied since no material deficiency shown by P

Strategic Decisions During Meet & Confer Discussions Matt Damon in Rounders, Miramax Films (1998) Reading Your Opponents? Should parties declare their use of predictive coding technology when going heads-up in meet-andconfer conferences? 7

Strategic Decisions During Meet & Confer Discussions Avoiding a Rigged Game? Is the predictive coding game rigged if the producing party insists on keyword culling before predictive coding? 8

Strategic Considerations During Meet & Confer Discussions Calling the Bluff Your opponent agrees to use predictive coding, but only if you agree to show your discard pile? 9

Strategic Considerations During the Meet & Confer Statistics How do you know when your opponent is bluffing about statistics? 10

Statistics The role of statistics in predictive coding is best described as follows: 1. Irrelevant 2. Necessary, but Over-rated 3. Marginally Important 4. Important 5. Moot Since All PC Tools Have Statistics Built-In 11

Strategic Decisions During Meet & Confer Discussions 4/52 = 7.69% 12

Predictive Coding & Statistics 101: Standard Sampling Document Population Sample (High Yield) Sample Size = 8 Actual Responsive = 25% (25/100) Actual Non Responsive = 75% 75/100 Estimated Responsive = 25% (2/8) Estimated Non Responsive = 75% (6/8) 13 13

Predictive Coding & Statistics 101: Standard Sampling Document Population Sample (Low Yield) Sample Size = 8 Actual Responsive = 5% (5/100) Actual Non Responsive = 95% (95/100) Estimated Responsive = 0% (0/8) Estimated Non Responsive = 100% (8/8) 14 14

Predictive Coding & Statistics 101: Advanced Sampling Document Population Advanced Sample (Low Yield) Increase Sample Size = 20 Actual Responsive = 5 (5%) Actual Non Responsive = 95 (95%) Estimated Responsive = 5% (1/20) Estimated Non Responsive = 95% (19/20) 15 15

Who Cares? Assume your opponent agrees to produce approximately 90% of all responsive documents in a population of 1m documents, but they incorrectly underestimate the number of responsive documents due to flawed sampling. They do This Instead of This They incorrectly estimate 5% of population is responsive or 50,000 docs They incorrectly assume their burden is met when they find 45,000 responsive documents (90% x 50,000) Estimate 10% of population is responsive or 100,000 docs Burden actually met when they reach 90,000 documents (90% x 100,000) 16

PC in 2014 How can technology tools better address the perceived risks of predictive coding in 2013? 1. Become More Transparent 2. Have Statistics Built-In 3. Easier to Use 4. Less Expensive 5. Become Better Integrated 6. All of the Above? Actor Edward Norton 17

Speed Round Biggest Barrier to PC Adoption? Statistics matter. True or False? PC is a replacement for all other technology tools? PC is a complete replacement for keyword search? Requesting parties should be entitled to see non-privileged discard pile? All PC technologies are created equal and are statistically sound? Daubert tests should be required to vet the statistical approach applied? 18

Resources FREE BLOG clearwellsystems.com/e-discovery-blog 19

Resources Free Predictive Coding for Dummies Book: go.symantec.com/predictive-coding Computer-Assisted Review Appropriate in some Cases Says Judge Peck in New Da Silva Moore ediscovery Ruling : http://bit.ly/yenosx Shining a Light Into the Black Box of Predictive Coding Technology : http://bit.ly/k5dbkq Search, Forward: Will manual document review and keyword searches be replaced by computer assisted-coding? : by Judge Andrew Peck http://bit.ly/qgwirh Twitter: @InfoGovLawyer Technology-Assisted Review in Electronic Discovery Can Be More Efficient And More Cost Effective Than Exhaustive Manual Review by Maura R. Grossman & Gordon V. Cormack: http://jolt.richmond.edu/v17i3/article11.pdf 20

Thank you! 2009 WSOP Winner Joe Cada, Photo by WSOP.com