E-Discovery and Ethics: Technology assisted reviews, predictive coding, the judicial role and ethical considerations


E-Discovery and Ethics: Technology assisted reviews, predictive coding, the judicial role and ethical considerations

Recorded On 06/12/2012


A diverse panel of experts including a US magistrate, practitioners, an ethicist and a discovery solutions expert will provide a primer on technology-assisted reviews, predictive coding, current case law and the ethical problems that are inherent in using e-discovery software. Some of the issues which will be addressed include:

  • Defensibility/Validation of technology-assisted reviews
  • Reasonableness of predictive coding: advantages; impact of size of data set
  • Different types of technology-assisted reviews/predictive coding: are all types of technology assisted review technology alike? How to integrate into a firm’s review platform
  • Disclosure obligations and benefits
  • Uses of technology-assisted reviews that do not have ethical implications
  • Judicial role: when the court should become involved in evaluating a review protocol; standards a court should use in reviewing technology-assisted review; what the court will require from the parties to be satisfied as to the reliability of technology-assisted review; can a court require disclosure of seed sets if selection of the seed documents constitutes attorney work product or if the sets contain documents that contain work product, attorney-client communications, or confidential documents
  • Resources and models available to small firms
  • Benefits of e-Discovery to small organizations and law firms
  • Ethical applications: reasonable inquiry problems; negotiations with opposing party; inadvertent disclosure of information; disclosure of confidential information in metadata; outsourcing e-discovery and client confidentiality



Program Co-Sponsor: NYCLA’s Ethics Institute Program Chair:  Nancy Morisseau, Hughes Hubbard & Reed LLP Faculty: Hon. James C. Francis, US Magistrate Judge, SDNY Steven Berrent, Managing Director, WilmerHale Discovery Solutions Jason Lichter, Seyfarth Shaw LLP Lewis Tesser, Tesser, Ryan & Rochman LLP


3 NY CLE Credits; 1 Ethics, 1 Skills, 1 PP


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