Tag Archives: Civil Litigation

Canada’s First? Competition Tribunal Endorses the Use of Predictive Coding in Document Review

By | January 8, 2020

In traditional litigation context, a typical document review process will involve human review of all documents to determine the relevancy and/or privilege (if any) attached to documents in the discovery process. However, with the ever-increasing number of electronic documents in the discovery process, artificial intelligence-based technology such as predictive coding is now a more feasible… Read More »

Predictive Coding: Seed Sets and Litigation Privilege

By | January 8, 2020

The use of predictive coding technology in litigation document review has increasingly been welcomed by courts in different jurisdictions. That notwithstanding, there is still legal uncertainty as to whether litigation privilege applies to seed sets. A seed set (also referred to as training set) is a sample of documents selected from a larger document set… Read More »

eDiscovery Lessons From The Wells Fargo Data Breach

By | January 8, 2020

The Equifax data security breach was the hallmark of data breaches in 2017 (at least for now). But for most lawyers (especially litigating lawyers), the minuscule Wells Fargo data breach was of particular interest. This interest stems from the fact that it involved one of their own in the course of her professional duties. 1.    … Read More »

Legal Approach to E-Discovery of Facebook Evidence in Civil Litigation

By | January 8, 2020

As was noted in the previous blog, ethical rules impose limits on a lawyer’s informal discovery of evidence in the private Facebook profile of an opposing party in litigation especially where such party is represented by a lawyer. In situations where such ethical rules prevail, access to the private profile can only be undertaken through… Read More »