With the growing awareness and use of predictive coding in the legal arena today, it appears that it is increasingly more important for electronic discovery professionals to have a general understanding of the technologies that may be implemented in electronic discovery platforms to facilitate predictive coding of electronically stored information.
Are lawyers who use platforms lacking a simple tweak of a bad algorithm committing malpractice by doing so?
Contextual diversity refers to documents that are different from the ones already seen and judged by human reviewers. The contextual diversity algorithm identifies documents based on how significant and how different they are from the ones already seen and then selects training documents that are the most representative of those unseen topics for human review.
TAR is not meant to replace standard review processes and protocols, but instead to help streamline those processes so that review can be more targeted, fruitful and efficient.
Technology-Assisted Review (TAR) is a concept-based method of document coding that leverages machine-learning techniques with the input of human reviewers to automate the review process.
During my [Bill Dimm] presentation at the NorCal eDiscovery & IG Retreat, I challenged the audience to create keyword searches that would work better than technology-assisted review (predictive coding) for two topics. Half of the room was tasked with finding articles about biology (science-oriented articles, excluding medical treatment) and the other half searched for articles about current law (excluding proposed laws or politics). TAR beat keyword search across the board for both tasks.
A new name in e-discovery has been launched by Corrs Chambers Westgarth [Australia]. Telesto will operate as a separate business from the law firm but was created by its Legal Technology Solutions Group and will benefit from Corrs’ innovations and expertise in the sector.
An interesting, albeit dumb, case out of California provides some good cautionary instruction for anybody doing discovery. Youngevity Int’l Corp. v. Smith, 2017 U.S. Dist. LEXIS 210386 (S.D. Cal. Dec. 21, 2017).
Ralph Losey’s TAR Course has a new class, the Seventeenth Class: Another “Player’s View” of the Workflow. Several other parts of the course have also been updated and edited. The TAR course now has eighteen classes.
The consolidation among medium-sized and large e-discovery service providers, usually financed by private equity funding, that has been going on for several years now only seemed to accelerate more in 2017. It is not apparent whether this consolidation is fundamentally altering the market for e-discovery services, other than to possibly result in greater stability in the space once all of the M&A dust settles.