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29 Santa Clara Computer & High Tech. L. J. 675 (2012-2013)
The Collision of the Courts and Predictive Coding: Defining Best Practices and Guidelines in Predictive Coding for Electronic Discovery

handle is hein.journals/sccj29 and id is 707 raw text is: THE COLLISION OF THE COURTS AND PREDICTIVE CODING: DEFINING BEST PRACTICES AND GUIDELINES IN PREDICTIVE CODING FOR ELECTRONIC DISCOVERY Elle Byramt TABLE OF CONTENTS INTRODUCTION ............................... ....... 676 I. THE EVOLUTION OF THE CURRENT SEARCH AND REVIEW STRATEGIES .......................................... ..... 677 II. TECHNOLOGY ASSISTED REVIEW: WHAT IT IS AND WHY IT HAS NOT YET BEEN UNIVERSALLY ADOPTED ...... .......... 682 III. TECHNOLOGY ASSISTED REVIEW'S CHANGING LANDSCAPE: RECENT COURT DECISIONS .......... ............ 685 A. Moore v. Publicis Groupe ............... ....... 685 B. Global Aerospace v. Landow Aviation.. ............ 688 C. Kleen Products v. Packaging Corporation ofAmerica.. 690 D. In re Actos (Pioglitazone) Products Liability Litigation .................... ................ 692 E. EORHB, Inc. v. HOA Holdings, LLC........ .....693 IV. REMOVING THE FEAR FROM TECHNOLOGY ASSISTED REVIEW: CLARIFYING BEST PRACTICES AND GUIDELINES.............. 693 CONCLUSION ................................... ...... 701 t J.D., UC Davis School of Law (2005); M.S. in Psychology, Pacific Graduate School of Psychology (now Palo Alto University) (2001); B.A. in Psychology, University of Colorado, Boulder (1996). Elle Byram is a project manager at SFL Data, where she sees electronic discovery from its inception through production. In her role as a project manager, Elle has worked with predictive coding tools to improve efficiencies and reduce costs in preparing large and small productions. Prior to her role at SFL Data, Elle was corporate counsel at ZL Technologies, a late-stage enterprise software company that develops archiving, e-discovery, records management and compliance software. Elle has also worked as a litigation attorney, managed and participated in numerous document review projects and recruited for agencies that place contract attorneys on e-discovery document reviews. She can be contacted at elle.byram@gmail.com. 675

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