eDiscovery, Big Data; A Marriage of Necessity by Paul Shea. In Georgia’s eDiscovery vacuum, Shea explores how lawyers are working together across the intersection of eDiscovery, IG and emerging data security to create holistic, organizational strategies for managing both client data as well as structuring their own internal resources. Although described as a marriage, I think that the nexus of technology disciplines is probably better defined as a dynamic, modern partnership that exploits synergies.
Brown v. Tellermate Holdings: Lessons in Preserving and Producing Cloud-based Data and Effective Communication between Counsel and Clients by David Cross and Margaret Nielsen. The discovery issues challenged in Brown v. Tellermate Holdings represent a worst-case-scenario result for lawyers and provides a great example of increasing eDiscovery demands placed on practitioners. The court found that defense counsel in the underlying discrimination matter failed to make any effort to understand the discovery of cloud-based data, relented to their client’s false assertions about access to the data and made inaccurate statements about the status of the data. The Crowell blog post provides a thorough description of the decision as well as the eDiscovery responsibilities of counsel.
Popular Misconceptions about Predictive Coding and Confidence Intervals by Bill Dimm. Every once-in-a-while, I like to sprinkle in a little number-based information for the statistics minded amongst us. This very short tip regarding confidence intervals in predictive coding that is expressed as a rule of thumb guide for creating sample/training sets.