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Court Praises Predictive Coding, Then Rejects It
Over the past few years, much ink has been spilled by judges, commentators, and e-discovery service providers opining on the merits and drawbacks of predictive coding. (As we noted in our article, “'Seed Set' Documents Should Not Be Discoverable,” 251 NYLJ 2 (Feb. 4, 2014), in which we provide background on predictive coding and review a number of judicial decisions on the topic, predictive coding, also often referred to as technology assisted review, is the use of computer-generated algorithms to supplement and extend the work of human reviewers in the discovery document review process.) Topics have included when predictive coding should and should not be used, which of the many competing predictive coding technologies and processes are best, whether predictive coding is more accurate than human review, and exactly how, if at all, predictive coding should be incorporated into discovery protocols.
In one of the best-known court battles over predictive coding, Moore v. Publicis Groupe, 287 F.R.D. 182 (S.D.N.Y. 2012), the court concluded that a judge could incorporate predictive coding into electronically stored information (ESI) protocols over the objection of one of the parties. But what happens when the parties have already agreed to an ESI protocol, which does not include predictive coding, and one party wants to change this protocol, over the objection of the other party, by incorporating predictive coding? Can one party unilaterally alter the method of discovery, or does the agreed-upon ESI protocol take precedence?
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.