White Papers

Court Opinions Show Path toward More Defensible Document Review (PDF)

H5 White Paper
This paper analyzes three recent opinions by Judge Paul Grimm and Judge John Facciola. Together these opinions provide useful guidance as to how discovery of electronically stored information should be conducted today in order to successfully defend against challenges and thereby avoid incurring the massive costs and legal risks that come with losing such challenges. [read]

Honest Brokers Are Needed

National Law Journal
May 19, 2008
This opinion piece by H5 CEO Nicolas Economou discusses the need for neutral information retrieval experts in discovery to effectively mitigate the problem of gamesmanship that has resulted from the ESI explosion. [read]

Concept Search: Perceived Security, Actual Risk (PDF)

H5 White Paper
This paper reviews the academic literature on query-based approaches to information retrieval, summarizes the limitations of these approaches, and identifies the key challenges that a successful solution to document review and management problems must overcome. [read] (registration required)

Benchmarking the Document Review Process (PDF)

H5 White Paper
This paper discusses a framework for the quantitative evaluation of review solutions along the three key factors of time to completion, cost, and accuracy/risk of missing relevant documents. [read] (registration required)

Searching in All the Wrong Places: The Effectiveness of Search Tools in E-Discovery (PDF)

Digital Discovery & e-Evidence
January 2007
This paper surveys academic studies of the performance of search tools and other information retrieval methodologies. [read]

Of Litigators and Butterflies: The Quest for a Quantum Leap in Large-Scale Document Review (PDF)

Digital Discovery & e-Evidence
July 2006
A discussion of the non-technological challenges to document review and a proposed solution that emphasizes performance evaluation protocols. [read]

The Metrics of E-Discovery: Proving What Your Document Review Is Worth (PDF)

International Legal Technology Association
March 2006
Large-scale document review, by its very nature, presents a pressing question that is rarely asked and even more rarely answered: Of all the documents we should have retained, produced, or found, how many did we actually retain, produce, or find? Absent quality assurance protocols with which to appraise the effectiveness of review, lawyers and their review teams do not -- and cannot -- know whether or to what extent their document review results fall short of their expectations -- and of their legal obligations. Nicolas Economou explains. [read]

Automated Document Review Proves Its Reliability (PDF)

Digital Discovery & e-Evidence
November 2005
Independent litigation management consultant and e-discovery expert Anne Kershaw discusses a study prepared in connection with conducting an extensive evaluation for one of her clients. The results of the study demonstrated that use of H5’s automated document review system reduced the risk of missing a responsive document by 90 percent vis-à-vis manual review conducted by a team of contract attorneys and paralegals. [read]