In Search of Quality: Is It Time for E-Discovery Search Process Quality Standards?

Ed Valio | March 22nd, 2011 - 12:44 pm

From e-Discovery Team:

Robert Pirsig spent a good deal of time on his motorcycle in the 1970s contemplating the metaphysics of quality. In my own way, I’ve been on a similar quixotic mission for at least the past eight years — in search of “quality” in the e-discovery search space. This particular quest for the Holy Grail has involved seeking out the perfect search where one finds “just” highly relevant documents in response to a FRCP 34 document request,  or, as a matter of early case assessment, “just” the hot documents one needs to win the case. I’ve searched the world over for answers, and along the way decided that I had been asking the wrong question.
At one time, I thought I knew what the problem was, and what the information retrieval “task” should be to overcome the problem. The problem, I thought, was simply the naïve use of keywords. Or at least, the way lawyers naively think about keywords when going about the task of searching for electronic evidence. I think many lawyers still practice with the assumption that using simple keywords, without more, to find responsive ESI is sufficient to get them through the day in dealing with their e-discovery obligations. While this remains a problem, it is not in my view the problem. And the task is not simply to try to “beat Boolean” with other search methods.

Robert Pirsig spent a good deal of time on his motorcycle in the 1970s contemplating the metaphysics of quality. In my own way, I’ve been on a similar quixotic mission for at least the past eight years — in search of “quality” in the e-discovery search space. This particular quest for the Holy Grail has involved seeking out the perfect search where one finds “just” highly relevant documents in response to a FRCP 34 document request,  or, as a matter of early case assessment, “just” the hot documents one needs to win the case. I’ve searched the world over for answers, and along the way decided that I had been asking the wrong question.
At one time, I thought I knew what the problem was, and what the information retrieval “task” should be to overcome the problem. The problem, I thought, was simply the naïve use of keywords. Or at least, the way lawyers naively think about keywords when going about the task of searching for electronic evidence. I think many lawyers still practice with the assumption that using simple keywords, without more, to find responsive ESI is sufficient to get them through the day in dealing with their e-discovery obligations. While this remains a problem, it is not in my view the problem. And the task is not simply to try to “beat Boolean” with other search methods.

e-Discovery Team - In Search of Quality: Is It Time for E-Discovery Search Process Quality Standards?

A Standard for Undue Burden: Excruciating, But Highly Educational and Useful, Detail

Ed Valio | March 10th, 2011 - 12:45 pm
United States ex rel. McBride v. Halliburton Co., is a qui tam action over alleged fraudulent billing for services provided to the US military in Iraq.  The case involved inflated headcounts in Morale, Welfare and Recreation (“MWR”) facilities and fraudulent billing for those costs to the United States government.  United States ex rel. McBride v. Halliburton Co., 2011 U.S. Dist. LEXIS 6412, 1-2 (D.D.C. Jan. 24, 2011).
Balancing Search Terms and Undue Burden
The discovery disputes were numerous, and in his trademark detailed fashion, Magistrate Judge Facciola addressed each one in turn.
Continue reading – Bow Tie Law’s Blog – A Standard for Undue Burden: Excruciating, But Highly Educational and Useful, Detail

When and how to give your Android a clean wipe

Ed Valio | November 30th, 2010 - 3:16 pm

From Lifehacker: ”There are lots of ways to fix a wayward, crash-prone Android, whether you’re watching your processes or very carefully managing tasks. But sometimes things just seem generally, generically busted. That’s when it’s time to give your phone the factory reset.

Tech site Tested writes an informative piece on all the things you can do to avoid running your phone through a factory reset, but eventually comes around to noting that, through dumb luck, it’s occasionally unavoidable.”

Lifehacker – When and how to give your Android a clean wipe

Wex is a community-built legal dictionary and encyclopedia

Ed Valio | September 12th, 2010 - 10:25 am
Wex is a community-built legal dictionary and encyclopedia

From Resource Shelf: ”Nolo, publisher of do-it-yourself legal resources, and the Legal Information Institute (LII), a research and outreach arm of the Cornell University Law School, have announced a new publishing agreement today. In the agreement, LII will publish Nolo’s Plain-English Law Dictionary on Wex, their community- built legal dictionary and encyclopedia.”
Resource Shelf – Cornell’s [...]

FaceTime prepares for prime time

Ed Valio | September 4th, 2010 - 2:19 pm
FaceTime prepares for prime time

From Engadget’s Switched On: ”Perhaps the most-predicted announcement from Apple’s September 1 press event is the addition of two cameras to the iPod touch. Long before Apple revealed its FaceTime videoconferencing software with the iPhone 4, various disassemblers noticed that there seemed to be a place left open for a camera in the last iPod touch, [...]

New malware detects browser, shows fake malware warning page

Ed Valio | August 30th, 2010 - 9:16 am
New malware detects browser, shows fake malware warning page

From ARS Technica: ”Microsoft is warning about a new piece of malware, Rogue:MSIL/Zeven, that auto-detects a user’s browser and then imitates the relevant malware warning pages from Internet Explorer, Firefox, or Chrome. The fake warning pages are very similar to the real thing; you have to look closely to realize they aren’t the real thing. [...]

Geeks.com does deals on outdated hardware

Ed Valio | August 5th, 2010 - 2:08 pm
Geeks.com does deals on outdated hardware

From Lifehacker: ”Whether you’re replacing parts in an older machine or looking for or you just can’t wait a decade to build your DIY circuit board table, web site Geeks.com provides great deals on old and out-of-production hardware.

While you could always visit eBay for those hard-to-find parts, Geeks.com is a pretty great resource for old hardware without [...]