Category: Articles, Computer/Internet, e-Discovery, Resources for Attorneys, Resources for Experts 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. Read more
Category: Articles, e-Discovery, Intellectual Property, Legal Technology, Resources for Attorneys 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. Read more
Category: Articles, Product Liability, Regulatory Issues, Resources for Attorneys, Resources for Experts, Safety Bump Stocks and Product Liability TASA ID: 4009 The recent tragic mass shooting in Las Vegas has unhappily introduced us to “bump stock” devices, inexpensive devices whose sole purpose is to convert a semi-automatic rifle to one which then matches the rapid firepower of fully automatic military weapons, shooting a full magazine in seconds. Read more
Category: Articles, Business & Commerce, Ethics, Financial/Economic, Resources for Attorneys, Resources for Experts It’s Not Personal, It’s Only Business…Identity Theft TASA ID: 2346 (For purposes of privacy, the names have been changed)For three years a fraud was perpetrated upon A2G Company Inc. of Los Angeles. The company's real name is being withheld because the fraud almost destroyed it. The crime was finally discovered when a tax department levied the corporate bank account for three years in back payroll taxes. Read more
Category: Articles, Business & Commerce, Ethics, Financial/Economic, Resources for Attorneys, Resources for Experts Seasoned Investor Conned by Phony Investment If It Can Happen to Him... TASA ID: 2346 A few years ago I met an investor who explained to me that he had a business dispute lawsuit he was preparing to file. He planned to engage my services to support the litigation. Read more