Can you really compete in TREC retroactively?

This post was originally published at It is republished here with the permission of its author, Bill Dimm.  I recently encountered a marketing piece where a vendor claimed that their tests showed their predictive coding software demonstrated favorable performance compared to the software tested in the 2009 TREC Legal Track for Topic 207 (finding […]

With rare exception, Hague Convention proves powerless to pierce Chinese data wall

Attorneys looking to the Hague Convention as a method of extracting evidence from China should consider three little words of advice from Dan Harris, whose practice focuses on organizations working in the Middle Kingdom: “Expect to fail.” As the world shrinks and litigation increasingly crosses borders, practitioners in the US are confronting strict foreign laws that […]

Why math matters: Random sampling for binomial classification of documents

A recent post by Craig Ball led me to an interesting classification opinion in an antitrust case. Essentially, the parties were working out classification protocols and asked for the court’s input on one issue — namely, what to do if the Boolean keyword search was unproductive or not productive enough. The plaintiffs wanted a “random” […]

Tension between client confidentiality, public disclosure stifling law firm cyber-breach reporting

As cyberattacks on law firms increasingly take on an air of inevitability, though their accounts are largely anecdotal, new questions center on how to respond to breaches of sensitive materials and how to responsibly disclose these incidents without jeopardizing client relationships, and running afoul of professional codes. Now, amid the release of high-profile reports that take […]


Federal Judicial Center granting judges’ request for e-discovery and computer science education

With electronically stored information now prominent in almost every major civil lawsuit, federal judges are starting to receive government-sanctioned training on emerging e-discovery issues and advanced technologies. Such topics, which also include cybercrime and surveillance, are often challenging for non-specialists to understand — and are increasingly the subject of legal investigations and disputes. Officials at […]


TAR’s continuous learning minimizes seed set review, but not without catches

In his much touted recent opinion in Rio Tinto v. Vale, US magistrate Judge Andrew Peck noted that, “If [a technology-assisted review] methodology uses ‘continuous active learning’ (as opposed to simple passive learning or simple active learning), the contents of the seed set is much less significant.” The question some practitioners may be grappling with […]

Using email threading technology advances the goals of proportionality and competence

That electronic document productions are duplicative and costly is well known to many civil litigators.[1] The traditional view of the risk-averse legal community is that, regardless of similarity to other produced documents, anything that is not an exact duplicate must be reviewed and produced. The current practice related to email threads is to review every […]

‘Have you taken leave of your senses?': Top 10 takeaways from 2015 LegalTech judges panel

This article originally appeared on the Driven Copilot blog. It is republished here with permission. At this year’s Legal Tech, I once again had the honor of moderating the Judges Panel, on which Judge John Facciola (D.D.C., retired), Judge Andrew Peck (S.D.N.Y), Judge Frank Maas (S.D.N.Y), and Judge Elizabeth Laporte (N.D.Cal.) presented.  This time, we […]