Essential Discovery
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Predictive Coding

Client- A Bay Area-based Technology Company.

Matter- Large-scale patent litigation.

Challenge- This particular client (the “Client”) was facing rapidly-approaching and inflexible production deadlines – a mere 2 (two) weeks after the initial engagement of Essential Discovery– and an adverse party intent on driving up production costs. Consequently, the adverse party would not accept a production of documents that hit on keyword terms, and was requesting that the Client dramatically reduce the volume of produced data. The adverse party had previously complained to the Court about being flooded with documents.

Essential Discovery’s Solution- The ESI Vendor (the “Vendor”) implemented an ambitious processing and Early Case Assessment workflow to ready the documents for the predictive coding review and, in the process, achieved an 85% cull rate. Essential Discovery’s Senior Project Manager (an Essential Discovery staff attorney with specific subject matter expertise and advance technical skills in multiple review platforms and technology assisted review tools) then designed and implemented a predictive coding workflow utilizing Equivio Zoom, while leveraging the Vendor’s hosting and predictive coding back office capabilities.

Results- All production deadlines were met, including the production of all relevant documents within two weeks of collection of the data. In addition, the predictive coding review was designed and executed in a legally defensible manner, and the client reduced their overall spend on the review by over fifty percent (50%).


  • Once the Client was comfortable with the size of the predictive coding review set, the Vendor exported the data in batches, while concurrently loading the text into Relativity.
  • Essential Discovery designed the coding panels for the review. The Vendor then loaded the text into Equivio Zoom, allowing the Senior Project Manager to begin their Technology Assisted Review process.
  • The Client and Essential Discovery then discussed relevancy threshold rankings to pre-determine an adequate cut-off point.
  • Similarly, the Advanced Review Team met with outside counsel to discuss the matter’s specific issues and to get a framework regarding responsiveness based on agreed upon RFPs.
  • Essential Discovery’s Senior Project Manager reviewed the initial seed set created by the Vendor, consisting of approximately five hundred (500) documents. Then, by utilizing Equivio Zoom, the Senior Project Manager automatically created subsequent training sets of approximately forty (40) documents. After eighteen (18) iterations, the system stabilized.
  • The Senior Project Manager then performed exhaustive quality control of the documents below the responsiveness threshold in order to confirm that the documents were non-responsive. The Senior Project Manager subsequently identified a subset of documents to move into the responsive population, and then performed keyword searches to identify similar documents. Secondary quality control of the non-responsive documents confirmed there were no responsive documents remaining.
  • In parallel to training the predictive coding tool, the Senior Project Manager built out the “Potentially Privileged” list. These potentially privileged terms were then applied across the responsive population to allow for a linear review of the selected documents. A team of reviewers then conducted a linear review of these potentially privileged documents.
  • The Senior Project Manager then performed quality control to filter privileged documents and verified that the list of documents selected for production was accurate and exhaustive.
  • Upon completion of the QC process, the database was released to the Vendor for the purpose of finalizing the production. This was accomplished by branding each image with bates numbers and the corresponding confidentiality language.
  • As a result of the above steps, the production was provided to opposing counsel before the court-mandated deadline.
  • This entire process took just under two weeks, satisfying the court-mandated deadline and meeting the Client’s expectations.