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Debunking the Seven Biggest Myths of Predictive Coding
Litigation is at a watershed. There is near universal agreement that the volume of information and expense of document review is crippling a fragile system.
Opinions diverge, however, as to how to best address this challenge. The call to apply technology to the crisis is louder than ever given Magistrate Judge Andrew Peck's opinion validating the use of predictive coding in Da Silva Moore v. Publicis Groupe & MSL Group, 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Feb. 24, 2012). See, “Protocols and Pitfalls for Leveraging Technology: Assisted Review in the Da Silva Moore Era,” in the May issue of LJN's Legal Tech Newsletter, http://bit.ly/K01L6g.
Simply stated, predictive coding combines technology and well-defined processes to enable a machine to evaluate documents that attorneys code as responsive, privileged or key. Following its assessment of these records, the software identifies similar documents from among those that remain unreviewed. By analyzing references in the text of each record for common themes and concepts, it identifies further concepts of the same type.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.