By Hal MarcusOn September 16, I posted about the impact of timing on predictive coding in light of recent caselaw. Timing indeed being everything, an intriguing new opinion on this point was handed down the very next day. In Dynamo Holdings v. Comm’r , the IRS Commissioner sought to compel production of the contents of backup tapes containing at least several million documents. It objected to the producing parties’ request to use predictive coding to review them, calling it an “unproven technology.” In his opinion, Judge Ronald Buch rejects the IRS’ motion, detailing the substantial judicial and industry acceptance of predictive coding. He emphasizes the discretion that producing parties have in conducting document review, bluntly questioning why the use of predictive coding should even be before the court [...]
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Information Governance (InfoGovernance) is the specification of decision rights and an accountability framework to encourage desirable behavior in the valuation, creation, storage, use, archiving and deletion of information. It includes the processes, roles, standards and metrics that ensure the effective and efficient use of information to enable an organization to achieve its goals. Information governance should be an element in planning an enterprise's information architecture.
(Gartner Hype Cycle for Legal and Regulatory Information Governance, 2009, December 2009).
An Engagement Area (EA) is an area where the commander of a military force intends to contain and destroy an enemy force with the massed effects of all available weapons systems.
(FM 1-02, Operational Terms and Graphics, September 2004).