I was delighted to serve as a panelist at the Technology in
the Law Symposium, held earlier this month by the DC Bar Association and
McDermott Will & Emery, LLP. Three panels
spoke on the use of predictive technologies and analytics and their use in the
courtroom, for eDiscovery and well beyond.
Panelists ranged from outside counsel litigators, to DOJ government attorneys,
to service providers and consultants, with Hon. Judge John Facciola presenting
the keynote. The lively, and at times
contentious event featured three broad topics:
What the Courts are Saying About Predictive Coding, Predictive Coding
Pessimists v. Optimists, and the Use of Data Analytics in Other Areas.
“There’s no greater compliance training than grand jury subpoena.” John Kocoras, Partner, McDermott, Will & Emery
While much of the early discussion around
Predictive Coding was, well, somewhat predictable by now, (Key messages: PC is good, it is proven for doc review,
courts are onboard, don’t be reckless with it), the panelists and audience
really became animated about the uses of predictive analytics beyond simple relevance review. Panelists John Kocoras (MWE), Kristian
Werling (MWE), Sandra Serkes (Valora) and Kurt Michel (Content Analyst)
described scenarios where predictive technologies were being used in multiple corporate
settings to assess M&A documents, contracts or financial statements and
seek out areas of corporate compliance exposure. At one point, moderator Jason R. Baron
(Drinker Biddle) jokingly asked the panel whether such technologies could
accurately predict legal case outcomes.
Answer: Yes, within reasonable
margins of error.
In all, the inaugural Symposium was a roaring success for
the 150+ attendees from all over Washington, DC and beyond. MWE is hoping to expand on their initial
success and present several more related symposia in 2014. Well worth the free attendance!
