When I first started working on legal issues relating to electronic data, we were back in the dark ages of the 1980s. This was well before Bill Clinton talked about the coming “information superhighway” when he was running for president in the early 1990s. We were living in a world where document production in legal cases meant the production of actual hard copy pieces of paper and nothing else. There was no “e” when it came to “discovery.”
As we all know, the technological communications age started to grow exponentially in the late 1990s and early 2000s. During this time, people began communicating more and more by email, cell phones, Internet chats, and website postings.
Continue reading Internet Law Is All Grown Up
It’s happened: In a landmark e-discovery ruling, a federal judge has explicitly approved of computer-assisted review, also known as predictive coding (the use of sophisticated algorithms to enable a computer to determine relevance based on training by a human reviewer), to search for potentially responsive electronically stored information, or ESI.
Magistrate Judge Andrew Peck, of the Southern District of New York, concluded “that computer-assisted review is an acceptable way to search for relevant ESI in appropriate cases” in Monique Da Silva Moore, et al. v. Publicis Groupe & MSL Group, a gender-discrimination case.
Continue reading Landmark E-Discovery Ruling Approves Computer-Assisted ESI Review