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June 10, 2011

Georgetown Training Academy Update

Yesterday was day 4 of Georgetown's Electronic Discovery Training Academy, and it was a star-studded day of presentations. Michael Arkfeld began the day with a morning full of discussions about the litigation hold processs, spoliation and the scope of ESI productions.

Toc After lunch, Jason Baron and Maura Grossman offfered an absolutely riveting presentation on search technology, highlighted by the results from Maura's recent findings as reported in the Richmond Journal of Law & Technology ("Technology-assisted Review in E-Discovery Can be More Effective and More Efficient than Exhaustive Manual Review," vol XVII, No.3). That report discusses how computer-assisted searches are always at least as effective ad human searches, at 30% to 40% less than the cost of human reviews. (Click to enlarge photo.)

The highlight of the day was the closing presentation, a joint performance by Judge John Facciola and Judge Paul Grimm. It was a fascinating discussion of the rule-making process and the thought that has gone into not just the overall e-discovery changes to the rules themselves. but specific discussions about the changes to Evidence Rule 502. They also addressed the ongoing debate about the varying standards of duty and negligence from circuit to circuit for litigation holds and whether that variance requires a further rule change for a uniform standard.

Today is the last day of the course. It will begin with a final exam, and then the class will break into teams and conducting a Meet and Confer under the supervision of either Grimm or Facciola. The day and the class will conclude with final remarks from the judges -- I'll pass along a report when we finish up.

 Photo: Tom O'Connor.


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