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The Flaws of Using Search Methods in E-discovery

Whitepaper

TASA ID: 1793

Introduction


The document review industry has used search methods for various purposes. The use of search methods have been validated by using flawed validation methods. I could show the validation methods that have been used are flawed due to the interference of networked-based distributed review models on performance, reviewer qualification mismatches, using tag counts in validation methods, and the misuse of statistical methods. Statistical methods, which always involve using small probability theory to address low-frequency high-risk problems, are sufficient to make most search results invalid. The flaw in using statistical methods in litigation is similar to using the small probability theory to address risks in the aviation industry which would lead to hull losses.   

I conduct a brief analysis of two well known key search methods which have been used widely to generate document pools for human review. 


Causes of Inadvertent Disclosure of Privileged Documents and Strategies for Protecting Privileged Documents

Whitepaper

TASA ID: 1793

There is an inherent difficulty in keeping privileged documents and especially work product in e-discovery. This problem can cause the most serious damages to litigants, and consequences including anything from direct loss of cases to protracted procedural complications are reflected in a large number of cases. Each time when a privileged document is leaked, there is no real remedy. Clawing-back documents gives the producing party only a right to stop the receiving party from using the leaked documents directly. However, nothing can stop the receiving party from collecting information from other sources to strengthen its case by using the leaked documents as road maps. One should expect that the receiving party will keep copies of leaked documents for reference and may use them to cross-check anything affecting its case. Therefore, this problem must be addressed seriously. I will discuss what the main cause for the frequent leaking of privileged documents.

Information: The Next Natural Resource

TASA ID: 1335

ABSTRACT

I’ve spent my career looking at how large quantities of complex information affects every part of our lives and this is the most exciting time to be doing that.  Information affects finances.  Information affects your health.  It affects the life choices presented to you.  It cannot be overstated how important the accumulation of enormous sums of detailed data about all of us and every aspect of business is.

Ten years ago, who would have imagined that so much of the planet would be photographed, and those photographs made widely available, as in Google Earth? Or, who would have imagined that we would be so willing to share large amounts of personal information through public and quasi-public outlets like Twitter, Facebook and Foursquare?

How much data are we talking about?  The earth generated about four zettabytes of digital data in 2013. IDC forecasts that we will generate 40 zettabytes (ZB) by 2020.  Now, all that data isn’t used, but increasingly, more of it is. And it’s not just stored once.  Data with value is branched off into numerous databases across multiple companies.  In only the last few years, as much data has been generated as had previously ever existed. 

Category: e-Discovery

The Secrets of E-Discovery Vendor Pricing

TASA ID: 4285

. . . we must address the inconsistencies in pricing across the industry and share ways to avoid the few disreputable bad apples that have contributed to the misgivings placed on vendors. I hope that lifting the veil on pricing dynamics will help to increase the transparency between service providers and the legal professionals we serve.
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