AI in Discovery, Including Experts

A. Advances in TAR

i. Old Tech – TAR 1.0 – “predictive coding” by supervised learning 

ii. Newer Tech – TAR 2.0 – “continuous learning” model updates in near real time

1. Testing/Training protocols different than before 
2. Precision/Recall
3. Elusion Testing 

B. New Applications 

i. Privilege review: platforms implementing AI to automate review for privilege documents driven by TAR

1. Risk of Disclosure/Waiver
2. Ethical Issues: how low does precision need to go to ensure all documents captured? Risk of violating discovery obligations without human review?

C. Data Mining/Analysis

i. Case Valuation: analysis of public verdict/settlement amounts to estimate potential recovery/liability – potential use for funders, insurers, etc.

Speakers

Paul R. Gupta, Rimon P.C.

Ronald J. Hedges, Principal of Ronald J. Hedges LLC | Former United States Magistrate Judge in the District of New Jersey

Christian Levis, Lowery Dannenberg P.C.

Marissa J. Moran, J.D., Attorney and Professor in the Department of Law & Paralegal Studies New York City College of Technology Brooklyn, NY