SAN FRANCISCO, CA – March 12, 2012 – H5, a leading provider of technology-assisted review and search services for the legal industry, lauded two recent court proceedings that could shape the future of technology-assisted review in legal discovery. The two matters, Da Silva Moore v. Publicis Groupe & MSL Group, and Kleen Products, LLC v. Packaging Corporation of America,address the efficacy of technology-assisted review and acknowledge its superiority over traditional review methods. Participants in both matters relied on evidence that highlighted H5's performance in TREC Legal Track.
In Da Silva Moore, decided February 24, Magistrate Judge Peck endorsed technology-assisted review, pointing to research conducted by the National Institute of Standards and Technology's TREC Legal Track and an authoritative paper published in the Richmond Journal of Law and Technology (JOLT) that summarizes the results of that research. The authors of the JOLT paper concluded based on the evidence that some technology-assisted review processes are more cost-effective and accurate than traditional manual review. This conclusion was specifically based on the performance at TREC Legal Track of H5 and the University of Waterloo, whose methods were deemed conclusively superior to manual review.
"H5 pioneered technology-assisted review over a decade ago, so we are naturally delighted with Judge Peck's decision," said Nicolas Economou, CEO of H5. "While the protocol submitted by the parties falls short of the stated objective to measure accuracy and leaves much to be enhanced in future court proceedings, Judge Peck's central message to litigants and their counsel is really groundbreaking."
In the ongoing Kleen Products case, Magistrate Judge Nolan entertained a hearing on February 21 where plaintiffs sought to compel defendants to use technology-assisted review. In support of the argument that advanced technology-assisted review methods provide demonstrably superior levels of accuracy over traditional approaches, plaintiffs relied on high levels of accuracy achieved by technology-assisted review methods at TREC. During the hearing, H5 was acknowledged to be one of only two participants who achieved such high levels of accuracy at TREC.
"This is probably only the second inning in the adoption of technology-assisted review, but both of these cases highlight how litigants and courts recognize the need for advanced search skills and sound measurement protocols in discovery," said Mr. Economou. "We are excited that the discussion of accuracy, measurement of performance, and scientific methodologies has finally entered the courtroom. And we are flattered that H5 was essentially held out as the gold standard for technology-assisted review in both of these landmark cases."
Citations of cases referenced above are: Da Silva Moore v. Publicis Groupe & MSL Group, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y. Feb 24, 2012) and Kleen Products, LLC v. Packaging Corporation of America, No. 10 Civ. 5711 (N.D. Ill. Feb. 21, 2012).
H5 is dedicated to finding information that clients need to win cases, meet regulatory requirements, and address risks before they become liabilities. By combining advanced technologies with expertise in search and information analysis, H5 delivers customized solutions to help corporations and law firms meet their legal discovery, compliance, and information management objectives. Numerous independent studies have proven that H5's approach delivers greater cost savings and more accurate results than any alternative.