{"id":"AIBD-0982","title":"An Indiana federal court found that Biomet's review by keyword culling and predictive coding complied fully with the discovery rules","summary":"In April 2013 a US district judge found that Biomet's review, keyword culling then predictive coding of 2.5 million documents, complied fully with the discovery rules. He refused to order a restart.","date_observed":"2013-04-18","date_basis":"source publication","date_precision":"day","benefit_status":"reported","source_collection":null,"source_entry":null,"account":"Biomet faced the claims of hundreds of plaintiffs over its M2a Magnum hip implant, gathered in one federal docket in Indiana. Keyword culling cut 19.5 million documents to 3.9 million, and removing duplicates left 2.5 million. Biomet then used a predictive coding service that the order calls Axelerate, with eight contract attorneys, to choose documents to produce from the 2.5 million. The plaintiffs' committee asked the court to make Biomet restart with predictive coding over all 19.5 million documents. On 18 April 2013 Judge Robert L. Miller Jr. found that Biomet's process complied fully with Rules 26(b) and 34(b)(2). He wrote that the question before him was not whether predictive coding beats keyword searching first. He held that the likely benefit of a restart, at a cost in the low seven figures, did not equal its burden. Biomet's e-discovery costs stood at about $1.07 million and would total $2 million to $3.25 million. Biomet's sampling tests concern the documents that keyword culling left out, and the court did not test the predictive coding.","category":"benefit created","unexpected":false,"purpose":"Recommind built Axcelerate, which the order spells Axelerate, to search and review large document collections with predictive coding that learns from reviewers' choices.","system":"Axelerate predictive coding service (the order's spelling of Axcelerate)","model_version":null,"developer":"Recommind, maker of Axcelerate (the order names the service as Axelerate and names no company)","deployer":"Biomet (defendant), with its e-discovery vendor and eight contract attorneys","location":"South Bend, Indiana, United States","domain":"Legal services / e-discovery","segment":null,"benefit_type":"Reduced Task Cost","work_activities":["4.A.2.a.2","4.A.1.a.1"],"taxonomy_note":"The court weighed costs and held the review compliant. It did not measure what predictive coding saved against another method.","registry_ids":{},"ratings":[{"group":"organizational","depth":1,"reason":"Biomet's finished review met its discovery obligations, so it did not have to pay for a restart that the court put in the low seven figures."}],"ai_role":{"status":"unassessed","statement":"The court judged whether Biomet's whole process met the discovery rules and set aside whether predictive coding is better than keyword searching. Biomet's sampling tests concern the keyword stage. The order describes software that learns a user's preferences as reviewers work with it."},"evidence":[{"kind":"court document","citation":"United States District Court for the Northern District of Indiana (Judge Robert L. Miller, Jr.). In re Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391), No. 3:12-MD-2391, Order Regarding Discovery of ESI (Doc. 396), 18 April 2013. CourtListener RECAP copy of the filed order.","title":"In re Biomet M2a Magnum Hip Implant Products Liability Litigation, Order Regarding Discovery of ESI","url":"https://storage.courtlistener.com/recap/gov.uscourts.innd.71286/gov.uscourts.innd.71286.396.0.pdf","date":"2013-04-18","written_by":"independent","quote":"What Biomet has done complies fully with the requirements of Federal Rules of Civil Procedure 26(b) and 34(b)(2). I don't see anything inconsistent with the Seventh Circuit Principles Relating to the Discovery of Electronically Stored Information."}],"replication":{"produced_by":["Keyword culling cut 19.5 million documents to 3.9 million, and removing duplicates left 2.5 million.","Eight contract attorneys worked with the predictive coding service on a sample of the 2.5 million documents in one round of find-more-like-this training.","Contract attorneys then reviewed the chosen documents for relevancy, confidentiality and privilege."],"must_hold":["Random samples show that few responsive documents remain among those that keyword culling left out.","Biomet stays open to more targeted search terms and produces the non-privileged documents in its statistical sample.","The requesting party pays for any restarted processing and predictive coding that it demands."],"echoes":[]},"paired_incident":null,"headline":"Court upholds Biomet's *predictive coding* review under discovery rules","metric":"2.5 million documents","comparator":null,"later":{"status":"litigated","date":"2013-08-21","note":"On 21 August 2013 the court refused to order Biomet to identify which produced documents were in its seed set. 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Miller, Jr.). In re Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391), No. 3:12-MD-2391, Order Regarding Discovery of ESI (Doc. 396), 18 April 2013. CourtListener RECAP copy of the filed order.","title":"In re Biomet M2a Magnum Hip Implant Products Liability Litigation, Order Regarding Discovery of ESI","url":"https://storage.courtlistener.com/recap/gov.uscourts.innd.71286/gov.uscourts.innd.71286.396.0.pdf","date":"2013-04-18","written_by":"independent","quote":"What Biomet has done complies fully with the requirements of Federal Rules of Civil Procedure 26(b) and 34(b)(2). I don't see anything inconsistent with the Seventh Circuit Principles Relating to the Discovery of Electronically Stored Information."}]}},"provenance":{"kind":"legacy_record","basis":"Editorial assignment.","record_fields":["evidence"],"source_refs":[]},"review_state":"record_mapped","coverage":"partial"},"sources[].id":{"state":"value_present","value":{"kind":"identifiers","identifiers":["AIBD-0982-source-0001"],"role":"Existing evidence items, in their original order"},"provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"review_state":"record_mapped","coverage":"complete"},"sources[].language":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"sources[].relationship":{"state":"value_present","value":{"kind":"record_fields","fields":{"evidence":[{"kind":"court document","citation":"United States District Court for the Northern District of Indiana (Judge Robert L. Miller, Jr.). In re Biomet M2a Magnum Hip Implant Products Liability Litigation (MDL 2391), No. 3:12-MD-2391, Order Regarding Discovery of ESI (Doc. 396), 18 April 2013. CourtListener RECAP copy of the filed order.","title":"In re Biomet M2a Magnum Hip Implant Products Liability Litigation, Order Regarding Discovery of ESI","url":"https://storage.courtlistener.com/recap/gov.uscourts.innd.71286/gov.uscourts.innd.71286.396.0.pdf","date":"2013-04-18","written_by":"independent","quote":"What Biomet has done complies fully with the requirements of Federal Rules of Civil Procedure 26(b) and 34(b)(2). I don't see anything inconsistent with the Seventh Circuit Principles Relating to the Discovery of Electronically Stored Information."}]}},"provenance":{"kind":"legacy_record","basis":"Editorial assignment.","record_fields":["evidence"],"source_refs":[]},"review_state":"record_mapped","coverage":"partial"},"sources[].upstream_sources":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"strategic_assessments[]":{"state":"unresolved","review_state":"not_assessed","coverage":"partial","family":"strategic assessments"},"summary":{"state":"value_present","value":{"kind":"record_fields","fields":{"summary":"In April 2013 a US district judge found that Biomet's review, keyword culling then predictive coding of 2.5 million documents, complied fully with the discovery rules. He refused to order a restart.","account":"Biomet faced the claims of hundreds of plaintiffs over its M2a Magnum hip implant, gathered in one federal docket in Indiana. Keyword culling cut 19.5 million documents to 3.9 million, and removing duplicates left 2.5 million. Biomet then used a predictive coding service that the order calls Axelerate, with eight contract attorneys, to choose documents to produce from the 2.5 million. The plaintiffs' committee asked the court to make Biomet restart with predictive coding over all 19.5 million documents. On 18 April 2013 Judge Robert L. Miller Jr. found that Biomet's process complied fully with Rules 26(b) and 34(b)(2). He wrote that the question before him was not whether predictive coding beats keyword searching first. He held that the likely benefit of a restart, at a cost in the low seven figures, did not equal its burden. Biomet's e-discovery costs stood at about $1.07 million and would total $2 million to $3.25 million. Biomet's sampling tests concern the documents that keyword culling left out, and the court did not test the predictive coding."}},"provenance":{"kind":"legacy_record","basis":"Editorial assignment.","record_fields":["summary","account"],"source_refs":[]},"review_state":"record_mapped","coverage":"partial"},"systems[].autonomy_permissions":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"systems[].component_role":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"systems[].deployment_configuration":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"systems[].inputs_outputs":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"systems[].model_name":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"systems[].model_version":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"systems[].product_name":{"state":"value_present","value":{"kind":"record_fields","fields":{"system":"Axelerate predictive coding service (the order's spelling of Axcelerate)"}},"provenance":{"kind":"legacy_record","basis":"Editorial assignment.","record_fields":["system"],"source_refs":[]},"review_state":"record_mapped","coverage":"partial"},"systems[].provider":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"taxonomy_crosswalks[]":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"title":{"state":"value_present","value":{"kind":"record_fields","fields":{"title":"An Indiana federal court found that Biomet's review by keyword culling and predictive coding complied fully with the discovery rules","headline":"Court upholds Biomet's *predictive coding* review under discovery rules"}},"provenance":{"kind":"legacy_record","basis":"Editorial assignment.","record_fields":["title","headline"],"source_refs":[]},"review_state":"record_mapped","coverage":"partial"},"version":{"state":"value_present","value":{"kind":"identifiers","identifiers":["acb3f27ae0e61d4985377f39c8c48e3e1a0bb6baae747686b3de46a7163e2dac"],"role":"SHA-256 of the complete public record and its assessments"},"provenance":{"kind":"curatorial","basis":"SHA-256 of the public record, its assessments, and its displayed answers and notes, excluding its own identifier and the derived coverage summary.","record_fields":[],"source_refs":[]},"review_state":"record_mapped","coverage":"complete"},"workflow":{"state":"value_present","value":{"kind":"record_fields","fields":{"account":"Biomet faced the claims of hundreds of plaintiffs over its M2a Magnum hip implant, gathered in one federal docket in Indiana. Keyword culling cut 19.5 million documents to 3.9 million, and removing duplicates left 2.5 million. Biomet then used a predictive coding service that the order calls Axelerate, with eight contract attorneys, to choose documents to produce from the 2.5 million. The plaintiffs' committee asked the court to make Biomet restart with predictive coding over all 19.5 million documents. On 18 April 2013 Judge Robert L. Miller Jr. found that Biomet's process complied fully with Rules 26(b) and 34(b)(2). He wrote that the question before him was not whether predictive coding beats keyword searching first. He held that the likely benefit of a restart, at a cost in the low seven figures, did not equal its burden. Biomet's e-discovery costs stood at about $1.07 million and would total $2 million to $3.25 million. Biomet's sampling tests concern the documents that keyword culling left out, and the court did not test the predictive coding.","replication":{"produced_by":["Keyword culling cut 19.5 million documents to 3.9 million, and removing duplicates left 2.5 million.","Eight contract attorneys worked with the predictive coding service on a sample of the 2.5 million documents in one round of find-more-like-this training.","Contract attorneys then reviewed the chosen documents for relevancy, confidentiality and privilege."],"must_hold":["Random samples show that few responsive documents remain among those that keyword culling left out.","Biomet stays open to more targeted search terms and produces the non-privileged documents in its statistical sample.","The requesting party pays for any restarted processing and predictive coding that it demands."],"echoes":[]}}},"provenance":{"kind":"legacy_record","basis":"Editorial assignment.","record_fields":["account","replication"],"source_refs":[]},"review_state":"record_mapped","coverage":"partial"}},"summary":{"total":91,"addressed":91,"known":29,"reviewed":2,"reviewed_complete":2,"reviewed_partial":0,"record_mapped":27,"review_not_assessed":62,"not_assessed":0,"complete":false,"by_state":{"value_present":29,"not_reported":0,"unresolved":62,"not_assessed":0,"not_applicable":0,"withheld":0,"source_unavailable":0}}},"presentation_version":"1b3916973be058416d0160d310099032aa6f9a618eeae84ccdcea1efebb4498b"}