Carmel Valley E-Discovery Judicial Panel on Predictive Coding

Carmel_Valley_eDiscovery_Retreat_2012_predictive_coding_judical_PanelListen to Karl Schieneman, Founder and President of Review Less talk with District Judge Nora Barry Fischer from the W.D. of Pennsylvania who joined the court in 2007; Magistrate Judge John Facciola from the United States District Court for the District of Columbia who joined the court in 1997; Magistrate Judge David Waxse from the United States District Court in Kansas, City, Kansas who joined the court in 1999; Magistrate Judge Andrew Peck from the United States District Court in the S.D. of NY who was appointed to the court in 1995; and Magistrate Judge Frank Maas from the United States District Court in the S.D. of NY who was appointed to the court in 1999.

For over an hour, the panel discusses nothing but predictive coding issues at a live CLE program offered at the Carmel Valley E-Discovery Retreat (CVEDR). To help promote education on this critical topic, Chris La Cour, the conference creator and host agreed to allow us to post this program on ESIBytes. It gives listeners a taste of the outstanding type of content this conference provides.

I started putting this panel together in November of 2011, but was worried about what would happen in 7 months if there were court cases on predictive coding. 3 months later our fears were realized. The end result now that there are several predictive coding cases is that there are many new side issues that were created and given life.

This panel represents a diverse group of judges who focus a good deal of their time studying electronic discovery issues. As such, they were able to handle a wide range of issues over the course of the panel discussion. We tackled defensibility of predictive coding, the poor experience some of these judges have had with key word searching, Daubert Hearings, “Meet and Confer” issues, validation, exchanging seed sets, the use of experts, and many more issues. This is a CLE session which could have easily fallen apart due to scheduling difficulties. However, because Chris La Cour and I are both entrepreneurs, we were willing to risk technical issues and essentially pulled much of the AV together on the fly. ┬áThis enabled us to connect the three judges who were at a different CLE program in Denver, Colorado with two of the judges who were in person at Carmel. I hope you find this show thought provoking and useful.

Recorded 7/24/2012