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Technology-assisted review: Judges, defensibility and efficiency

Intelligent Categorization is an effective, cost-saving measure.

Time is money, and linear document review is almost prohibitively expensive because of the surge in electronic data volumes.

During the past year, a spotlight has been placed on technology-assisted review (or Intelligent Review Technology) which delivers the discerning analytics of a human review team in an automated platform capable of increased processing speed, consistency and accuracy.

After discussing how computer-assisted review tools work, Judge stated that it “will be a long wait” for lawyers waiting for a court to conclude: “It is the opinion of this court that the use of predictive coding is a proper and acceptable means of conducting searches under the Federal Rules of Civil Procedure, and furthermore that the software provided for this purpose by [insert name of your favorite vendor] is the software of choice in this court."

In addition, Judge Peck noted if the use of computer-assisted review technology was presented or challenged in a case before him, he would “want to know what was done and why that produced defensible results,” perhaps being less interested in the “science behind the ‘black box’…than whether it produced responsive documents with reasonably high recall and high precision.”

Managing Director

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David Meadows

David W. Meadows is managing director for Kroll Ontrack Discovery Consulting. He directs and oversees teams of consultants who advise corporate and law firm clients...

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