Document Review


LegalTech New York finished up earlier this week. I survived with only a minor case of technology loop, although my iPhone was begging for mercy by the end.

The conference was frenetic, to say the least. There was a lot going on, regarding a cornucopia of technological topics and tools to help lawyers. As expected, the biggest hype revolved around predictive coding and computer-assisted review.

The legal technology world has been buzzing about this stuff for a while now, and we have covered it on these pages several times before. (Here and here, for starters). At the conference, attendees got to hear from the naysayers, the enthusiasts, and everyone in between. Several panels helped explain exactly what the technology means on a practical level. And no, cyborgs will not be stealing all the contract attorney jobs any time soon.

One of this week’s highlights was a lunchtime panel featuring two prominent attorneys and a New York magistrate judge. The discussion helped clarify, demystify, and define the terms that have been making headlines (even in the New York Times) for a good part of the past year. Is computer-assisted review as scary as it seems? Of course not.

Let’s see what the panelists — and at least one irate audience member — had to say….

double red triangle arrows Continue reading “Live at LegalTech: That’s a Wrap, But the Predictive Coding Debate Is Only Heating up”

Judge Andrew Peck

Keyword searching is absolutely terrible, in terms of statistical responsiveness.

– Magistrate Judge Andrew Peck (S.D.N.Y.), in a panel today at the LegalTech conference. He spoke alongside Wachtell Lipton counsel Maura Grossman and Jackson Lewis partner Ralph Losey, on a panel that aimed to demystify cutting-edge, computer-assisted e-discovery technology. Peck is a vocal proponent of computer-assisted discovery and predictive coding. He is not a fan of the slightly older keyword-searching technology.

(A few minutes later, Losey had another strong opinion to add. See what was said, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Keyword Searching? You’re Doing It Wrong”

Anyone who works with e-discovery has no doubt encountered the bewildering array of vendors and service providers clamoring for legal technology business. It can be confusing.

As the e-discovery industry has exploded, vendors’ roles have expanded and changed as well. Just a few years ago, it was more common for attorneys and their firms to have to piece together several vendors to form a cohesive e-discovery attack plan. These days, many service providers offer more start-to-finish options.

Even though it is all very technical, vendor work sometimes walks the line between IT work and actual lawyering. The District of Columbia Court of Appeals has become wary of discovery vendors that might offer misleading advertisements about their legal certifications. Last week the Court’s Committee for the Unauthorized Practice of Law (sounds intimidating!) delivered an opinion clarifying some rules relevant to discovery vendors.

While they were at it, the committee delivered a couple solid kidney shots. Ouch….

double red triangle arrows Continue reading “Why Is the D.C. Court of Appeals Feeling Testy Toward E-Discovery Vendors?”

You made a fool of me… and got me in huge trouble with the feds.

For a long time, I have been a staunch advocate of putting passwords on all electronic devices — laptops, phones, tablets, etc. There’s no reason to leave your private life or sensitive business data accessible to any schmo who might have access to your phone, just because you’re too lazy to spend three seconds typing in a password. This is especially true for lawyers, given the client confidences that they handle.

At least personally, however, I’m more lax about sharing some access passwords with close friends or family. My girlfriend knows my iPhone and computer passwords. (I know hers too.) Usually I don’t stress about potentially catastrophic consequences of her knowing that information. But every once in awhile I read something that makes me seriously wonder if you can trust anybody.

My current crisis of trust arises from the prosecution of a man accused of conspiring to export millions of dollars of electronic equipment from the U.S. to Iran. Prosecutors found “incredibly blatant admissions of criminal wrongdoing and philandering” on the defendant’s iPhone. But the man says his wife — who he is currently trying to divorce — stole the phone and forged the incriminating evidence.

Talk about emasculating. Let’s read more about this not-so-happy couple.…

double red triangle arrows Continue reading “This Might Be the Most Tumultuous Divorce of All Time”

There is a lot of talk these days about the impossibly high costs and absurd amounts of time attorneys spend on e-discovery. Everyone is looking for the best way to make the process more efficient and less time-consuming.

So it is reassuring when a federal judge recognizes that need, and does his part to eliminate careless document review agreements.

Earlier this month, a New Jersey District Judge wrote just that sort of opinion. The savvy judge seems to have his priorities straight….

double red triangle arrows Continue reading “Judge Agrees That Reviewing 65 Million Documents Is Ridiculous”

Have you been searching for a way to resolve your in-house e-discovery matters? Are you hoping to find the latest document review solution? Is early case assessment a problem in your office? Thanks to the introduction of the Research Corner, Above the Law may be able to assist you with all of these issues.

When you sign up for the Research Corner, you will gain access to white papers, reports, and analysis from leading legal technology companies. Some of the exciting topics in the Research Corner include:

  • Datacert: Customer Success Story – Walmart
  • Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
  • FTI Consulting: The End of Piecemealing: Improving All-in-One Document Review Offerings
  • Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
  • Mitratech: Technology Platform for Legal Department
  • Nuix: A Step-by-Step Guide to Early Case Assessment (ECA)
  • TCDI: Concept Technology for Streamlining Document Review

What are you waiting for? Sign up for the Research Corner today by clicking here.

Did you know that Above the Law has introduced a Research Corner to the site? In the Research Corner, readers will be able to sign up and obtain access to white papers, reports, and analysis from leading legal technology companies. From resolving in-house e-discovery matters, to comprehensive document review solutions, the Research Corner has something for everyone.

Some of the exciting topics in the Research Corner include:

  • Datacert: Customer Success Story – Walmart
  • Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
  • FTI Consulting: The End of Piecemealing: Improving All-in-One Document Review Offerings
  • Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
  • Mitratech: Technology Platform for Legal Department
  • TCDI: Concept Technology for Streamlining Document Review

What are you waiting for? Sign up for the Research Corner today by clicking here.

Did you know that Above the Law has introduced a Research Corner to the site? In the Research Corner, readers will be able to sign up and obtain access to white papers, reports, and analysis from leading legal technology companies. From resolving in-house e-discovery matters, to comprehensive document review solutions, the Research Corner has something for everyone.

Some of the exciting topics in the Research Corner include:

  • Datacert: Customer Success Story – Walmart
  • Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
  • FTI Consulting: The End of Piecemealing: Improving All-in-One Document Review Offerings
  • Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
  • Mitratech: Technology Platform for Legal Department
  • TCDI: Concept Technology for Streamlining Document Review

What are you waiting for? Sign up for the Research Corner today by clicking here.

Did you know that Above the Law has introduced a Research Corner to the site? In the Research Corner, readers will be able to sign up and obtain access to white papers, reports, and analysis from leading legal technology companies. From resolving in-house e-discovery matters, to comprehensive document review solutions, the Research Corner has something for everyone.

Some of the exciting topics in the Research Corner include:

  • Datacert: Customer Success Story – Walmart
  • Dell DX & Symantec Solution Brief: Store, Manage, and Discover Critical Business Information with a Complete Archiving Solution
  • FTI Consulting: The End of Piecemealing: Improving All-in-One Document Review Offerings
  • Guidance Software: Choosing the Right In-House Electronic Discovery Solution for Your Organization
  • Mitratech: Technology Platform for Legal Department
  • TCDI: Concept Technology for Streamlining Document Review

What are you waiting for? Sign up for the Research Corner today by clicking here.

Last week, more than a dozen high-profile mass torts attorneys lost a San Francisco jury trial against a small technology company. The jury decided the attorneys had illegally breached a document review contract during the high-profile Chinese drywall class-action litigation.

On September 19, the 14 defendants in Cataphora Inc. v Parker were ordered to pay $317,113 to the technology company in lost profits, plus attorneys’ fees.

“These guys are the worst of hypocrites that you can possibly find,” said Roger Chadderdon, technology counsel at Cataphora. “They claim to be trying to help the little guy, but what they’re doing is trying to put more money in their own pockets. Everybody knows that, but this is a case that illustrates it beyond what I have ever seen.”

Clearly, tempers are still running hot. We’ve got more from both sides of the dispute, and a quick refresher on Chinese drywall, after the jump….

double red triangle arrows Continue reading “Prominent Plaintiffs’ Attorneys Ordered to Pay Up After Losing Breach of Contract Trial”

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