These days, discovery, and in particular, electronic or “e-discovery” is the engine that drives litigation. The cutting edge of e-discovery is predictive coding or “analytics,” in which sophisticated software helps counsel wade through millions of pages of documents to find the proverbial “needles in the haystack.” Predictive coding was first discussed in an opinion written by United States Magistrate Judge Andrew J. Peck of the Southern District of New York. Since then, predictive coding has continued to generate interest—and controversy—as a tool for reducing discovery costs.
On March 21, 2013 in Miami, Florida, SBJ partner Jeff James will participate as defense counsel on a panel with Judge Peck. They will be joined by Toni Jackson, Senior Trial Counsel with the United States Department of Justice (as plaintiff’s counsel), and John K. Rubiner, a partner with Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg, P.C. in Los Angeles, California (as moderator). Using a mock Rule 26 meet and confer conference and a Rule 16 conference with the court, the panel will explore cutting edge e-discovery problems, such as keyword searches, sampling, computer-assisted review and predictive coding, cloud computing, and clawbacks under F.R.E. 502.