Why Passive Learning is Better Than Active Learning for Predictive Coding in eDiscovery

By Herbert L. Roitblat, Ph.D. Let’s face it. “Active learning,” where the computer picks the training examples sounds cooler than “passive learning,” where the training examples are chosen randomly. Who wants to think that they are passively sitting by when they can be actively going out and finding responsive documents? But when you get past the feel-good aspects of the name, there are some real advantages to a system based on “passive” random sampling. Predictive coding uses machine learning algorithms to construct computational criteria for separating responsive from non-responsive documents. There are many protocols and algorithms that can be […]

Ignoring Capabilities Which ESI Allows Is Like Pretending Businesses Still Communicate By Smoke Signals.

The Court concludes, because of Plaintiffs’ counsel’s felicitous access to electronically stored information, that Plaintiffs must provide a pretrial statement setting forth the facts they now have, and Defendants must subsequently reciprocate. Ignoring the capabilities which ESI allows the parties to search for and produce factual information in a case of this nature is like pretending businesses still communicate by smoke signals.

Version 3 of the Electronic Discovery Reference Model

What’s In A Name? Information Governance Finds A Home On The EDRM

When EDRM , the organization that created the Electronic Discovery Reference Model , launched its Information Governance Reference Model (IGRM) I wondered how long it would take for this day to come. The wait is over. Information governance (IG) has taken its place on the EDRM. In this post I will take a look at the changes and consider whether they have gone too far, have got it just right, or maybe have a little room for more tweaks.

OrcaPredict achieves higher accuracy than the CAL algorithm

Roitblat Challenges Competitor Claims On Random Sampling Effectiveness in Predictive Coding

I don’t usually comment on competitors’ claims, but I thought that I needed to address some potentially serious misunderstandings that could come out of Cormack and Grossman’s latest article, “ Evaluation of Machine-Learning Protocols for Technology-Assisted Review in Electronic Discovery .” Although they find in this paper that an active learning process is superior to random sampling, it would be a mistake to think their conclusions would apply to all random sampling predictive coding regimens.

The Importance of Cybersecurity in eDiscovery

Cybersecurity is job number one for all litigation attorneys who handle confidential computer data. That’s because electronically stored information (ESI) held by law firms is now subject to frequent attack by criminal hackers. They have figured out that attorneys store valuable data of their clients in law firm computers. So when hackers cannot get at a company’s data directly, usually because it is too well defended, they try to get to it through their law firms.

Flaws in TREC Legal Track Test Blunt Claims of Predictive Coding’s Superiority

This is Part Two in a three-part article entitled, “Does the Uncritical Acceptance by Courts of Unsupported and Potentially Erroneous Technology Assisted Review Assertions Frustrate the Objectives of Discovery? 1 .” The article does not argue that traditional manual discovery is generally the most desirable method, or that technology-assisted review should be discarded. Manual review is often inefficient, even prohibitive, from a cost standpoint. Rather, the article challenges current judicial assessments and industry practices as lacking in either factual support or accurate conclusions, and asserts that judicial review of predictive coding should be structured differently than it currently is […]

Predictive Analytics: It’s Not Just for Review Anymore – eDiscovery Trends

One of the most frequently discussed trends in this year’s annual thought leader interviews that we conducted was the application of analytics (including predictive analytics) to Information Governance.  A recent report published in the Richmond Journal of Law & Technology addresses how analytics can be used to optimize Information Governance. Written by Bennett B. Borden & Jason R. Baron (who was one of our thought leaders discussing that very topic), Finding the Signal in the Noise: Information Governance, Analytics, and the Future of Legal Practice , 20 RICH. J.L. & TECH. 7 (2014) is written for those who are […]

Court Concludes Duty To Preserve Triggered When Litigant Knew Or Should Have Known Litigation Was Imminent

In this case, the court found that the duty to preserve arose after the at-issue information was destroyed in accordance with Defendant’s document retention policies and that an adverse inference was not warranted. Considering the proper standard to employ when assessing when the duty to preserve is triggered, the court concluded that “the duty to preserve is triggered only when a litigant knew or should have known that litigation was imminent (at least in the Seventh Circuit).”

Research

Emerging Predictive Coding Case Law – Nine Summaries of Early Case Law on Computer-Assisted Review

While there has not yet been a definitive higher court case related to the use of predictive coding or computer-assisted review as an appropriate method for culling electronic data in discovery, several courts have weighed in on the side of the technology’s time and cost savings in reducing the sheer number of documents attorneys must review before producing them to the opposing party. This paper, authored by New York attorney Michael Pitch of TrustPoint International, contains a summary of nine major cases in which judges have held hearings on the use of predictive coding.

eDiscovery Mergers, Acquisitions, and Investments in 2020

Since beginning to track the number of publicly highlighted merger, acquisition,...

Relativity Acquires VerQu

According to Relativity CEO Mike Gamson, "It's imperative that the legal...

eDiscovery Mergers, Acquisitions, and Investments in Q4 2020

From Nuix and DISCO to Exterro and AccessData, the following findings,...

DISCO Closes Funding Round of $100 Million

According to DISCO CEO Kiwi Camara, “Legaltech is booming now, and...

A New Era in eDiscovery? Framing Market Growth Through the Lens of Six Eras

There are many excellent resources for considering chronological and historiographical approaches...

An eDiscovery Market Size Mashup: 2020-2025 Worldwide Software and Services Overview

While the Compound Annual Growth Rate (CAGR) for worldwide eDiscovery software...

Resetting the Baseline? eDiscovery Market Size Adjustments for 2020

An unanticipated pandemeconomic-driven retraction in eDiscovery spending during 2020 has resulted...

Home or Away? New eDiscovery Collection Market Sizing and Pricing Considerations

One of the key home (onsite) or away (remote) decisions that...

Five Great Reads on eDiscovery for December 2020

May the peace and joy of the holiday season be with...

Five Great Reads on eDiscovery for November 2020

From market sizing and cyber law to industry investments and customer...

Five Great Reads on eDiscovery for October 2020

From business confidence and captive ALSPs to digital republics and mass...

Five Great Reads on eDiscovery for September 2020

From cloud forensics and cyber defense to social media and surveys,...

Only a Matter of Time? HaystackID Launches New Service for Data Breach Discovery and Review

According to HaystackID's Chief Innovation Officer and President of Global Investigations,...

It’s a Match! Focusing on the Total Cost of eDiscovery Review with ReviewRight Match

As a leader in remote legal document review, HaystackID provides clients...

From Proactive Detection to Data Breach Reviews: Sensitive Data Discovery and Extraction with Ascema

A steady rise in the number of sensitive data discovery requirements...

A Running List: Top 100+ eDiscovery Providers

Based on a compilation of research from analyst firms and industry...

Not So Outstanding? eDiscovery Operational Metrics in the Winter of 2021

In the winter of 2021, eDiscovery Business Confidence Survey more...

A Lifting of the Fog? Winter 2021 eDiscovery Business Confidence Survey Results

This is the twenty-first quarterly eDiscovery Business Confidence Survey conducted by...

High Five? An Aggregate Overview of Five Semi-Annual eDiscovery Pricing Surveys

As we are in the midst of a pandemic that has...

Balancing Relevance and Reality? Winter 2021 eDiscovery Pricing Survey Results

Based on the complexity of data and legal discovery, it is...