Kleen Products vs Da Silva Moore: Measurement vs Method

http://ow.ly/akPIL

An article by Greg Buckles posted on the eDiscovery Journal website.

This article discusses the recent case in which U.S. Magistrate Judge Andrew J. Peck requested a protocol from the parties for the use of predictive coding technology.

The article states, "Last week, Barry Murphy and I spoke with Paul Neale, plaintiff consultant/expert in Da Silva Moore and Kleen Products. Unlike some other sideline bloggers, I am going to resist the urge to debate the merits of matters still before the bench or allow my pulpit to be used to put forth either side’s agenda. Instead, I will continue to derive insight from the interesting technical and procedural elements exposed in both cases. In case you have been actually working instead of reading reams of filings, here is my overview:
Da Silva Moore – the parties agreed to use predictive coding to tackle ~3.3 million items, but disagree on how to measue and define relevance success.

Kleen Products – Defendants have invested heavily in a more ‘traditional’ Boolean search strategy that Plaintiffs want to replace with a TAR methodology.

So beyond the use of TAR for relevance determination, what do these matters have in common? Mr. Neale asserts that, “the plaintiffs in both cases are trying to incorporate methods to measure the accuracy of the defendant’s productions.” I agree in general, though I do believe that there is merit in transparent discussion and analysis of the chosen methodology and technology to assess any potential gaps or necessary exception categories. Both cases are stuck on methodology specifics when they should be defining measurement standards. Essentially, focus on the outcome over the process."