Waiving Work Product With Predictive Coding

Listen to Karl Schieneman, Founder and President of Review Less and a predictive coding consultant talk with pioneering E-Discovery lawyer and litigator Jeff Fowler from the Los Angeles office of O’Melveny & Myers about a collection of astute search issues which lawyers need to be thinking about. Issues such as the inadvertent disclosure of work product by using predictive coding under the current protocols being used in predictive coding cases, lawyers having their search techniques scrutinized late in the case by Judges such as the recent opinion by Judge Scheindlin in Nat’l Day Laborer Org. Network v. United States Immigration & Customs Enforcement Agency, 2012 U.S. Dist. LEXIS 97863 (S.D.N.Y. July 13, 2012), and a more recent case from the U.S. District Court of New Mexico called S2 Automation, LLC v. Micron Technology, No. CIV 11-0884 JB/WDS which was published on Aug 9, 2012 and how to make sense of the variety of search techniques which are in the marketplace of predictive coding.

To paraphrase Judge Facciola from the infamous O’Keefe decision, are we starting to tread more frequently in an area where only angels dare to tread but potentially being judged in hindsight on what we did. These types of search issues are what can keep lawyers up at night so this is an important show.

Recorded 9/17/2012