Redgrave LLP Partners Jonathan and Victoria Redgrave, along with the CEO of IT.com Mark Cordover and the Director of Litigation for the National Archives & Records Administration Jason R. Baron, address why deploying technology is a “must” for medium and large companies dealing with the expanding volume of information involved in litigation.

1. EMPLOYING NEW REVIEW
STRATEGIES & TECHNOLOGIES
TO BETTER MANAGE THE COST
AND RISK OF eDISCOVERY

2. Our Panelists
• Jason R. Baron, Director of Litigation –
National Archives
• Mark Cordover, Founder & CEO – IT.com
• Jonathan Redgrave, Partner – Redgrave LLP

3. Goals of this Discussion
• Demystify Computer Assisted Review
• Deliver a Practical Framework for Leveraging
These Tools
• Share Real-World Examples of Where New
Review Tools are Delivering Value

4. Response to NY Times Article

5. Today’s eDiscovery Landscape
• History of Search
• Clustering
• Supervised Learning
• Predictive Coding
• Unsupervised Learning
• Auto-Categorization

10. Barriers & Opportunities
• Barriers:
– Traditional law firm economics & dynamics
– Fear of unknown
• Opportunities:
– FRE 502
– Reduced costs & increased accuracy

11. Key Considerations
• How to design an optimal process that produces
quality results?
• Are there ways to regularize or standardize that
process in order to “certify” the results?

12. What Search Methodologies are
Right for What Projects?
• Need to understand the various types of search
methods and how those search methods work
on different data types
• Scale of the data set
• What you want to get out of the data set

13. Defensibility of Technology
• Focus on results – not the “math”
• “Transparent” or “Translucent”
• Comparison of human results vs. technology

14. Judicial Response

15. TREC 2009 Results
• Average efficiency and effectiveness of the five
technology-assisted reviews surpasses that of the
five manual reviews
• Technology-assisted reviews require, on average,
human review of only 2.1% of the documents, a
nearly fifty-fold savings over exhaustive manual
review
• There was not one single measure for which manual
review was significantly better than technology-
assisted review

16. Maura R. Grossman, Wachtell, Lipton, Rosen & Katz & Gordon V.
Cormack, University of Waterloo: “Technology-Assisted Review in
E-Discovery Can Be More Effective and More Efficient Than
Exhaustive Manual Review,” Richmond J. of Law and Tech. (2011)
(Vol. 17 forthcoming)
“The myth that exhaustive manual review is the most effective – and
therefore, the most defensible – approach to document review is
strongly refuted. Technology-assisted review can (and does) yield more
accurate results than exhaustive manual review, with much lower effort.
Of course, not all technology- assisted reviews (and not all manual
reviews) are created equal. The particular processes found to be superior
in this study are both interactive, employing a combination of computer
and human input. While these processes require the review of orders of
magnitude fewer documents than exhaustive manual review, neither
entails the naïve application of technology absent human judgment.”

17. Real World Examples
• Reduce reviewer
time by 25 – 60%
• Reduce review
costs by more than
$2 million
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