Searching for the FJC

Search has become increasingly important in dealing with Electronically Stored Information as the volume continues to grow.  The Radicati Group estimates that the average business mailbox contains 4.3 GB of potentially discoverable ESI.  The burden of dealing with that volume is obvious, but dealing with that burden is still an issue. Automated tools to help identify responsive and privileged documents are being used more and more as the only viable way to deal with these massive volumes of information.  

I will be heading to DC next week to join the faculty of a Federal Judicial Center Training workshop on eDiscovery.  We will be discussing the technical aspects of eDiscovery.  

Some of the judges have already begun to explore how to evaluate eDiscovery in cases involving disputes over the adequacy of search.  For example, Judge Facciola, who will also be on the faculty of this workshop, has called for evidence of search effectiveness.  Another faculty member, Judge Grimm has recognized that

The only prudent way to test the reliability of the keyword search is to perform some appropriate sampling of the documents determined to be privileged and those determined not to be in order to arrive at a comfort level that the categories are neither over-inclusive nor under-inclusive.

We will be fleshing out these ideas and offering practical suggestions for how these standards can be applied to eDiscovery without breaking the bank or delaying the matter unnecessarily.

Click here to read a paper on Common Sense Sampling that I will be presenting at this workshop.

This entry was posted on 16. June 2008 at 09:30 and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.