Active Learning Best Practices

International Legal Technology Association

Active Learning Best Practices

A Best Practice Guide for the use of Active Learning

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This consensus document has been prepared by a working group (setup by our ILTA Europe - Litigation Support Special Interest Group (SIG)), comprising of many of the Heads of eDiscovery from London's largest law firms, with further feedback incorporated from more than 50 sources across the eDiscovery industry heralding from other legal jurisdictions such as the US and Australia and with input from retired Judge, former Master Victoria McCloud.

The impetus for creating this guide stems from the recognition that while Practice Direction 57AD encourages the consideration of "software or analytical tools, including technology assisted review software and techniques" Section 9.6(3)(a), it does not provide specific guidance on how these tools and techniques should be applied in practice, and the developing field of Active Learning raises concerns as to the need for transparent guidance lest collateral significant disputes arise where parties adopt different or bespoke processes.

The purpose of this document is to establish a standardised approach that can be followed by all parties in a dispute in the courts of England and Wales. By doing so, we aim to encourage greater adoption of machine learning technology in the disclosure process, ultimately reducing both the cost and time associated with conducting disclosure.

Key aspects of the guide include:

  • Explanations of Active Learning methodologies
  • Guidance on when and how to end an Active Learning review
  • Approaches to validating the results of an Active Learning process so that the disclosure review can be brought to an agreed end

We believe that this guide will serve as a valuable resource for legal practitioners litigating in English Courts, promoting consistency and efficiency in the use of technology-assisted review. By providing clear, practical guidance, we hope to address the current uncertainties that have hindered the widespread adoption of these powerful tools.

Have questions or would like more information?

Our aim is to engage, inform and support by running events, sharing know-how, stimulating conversations and building contacts, but adding in a regional focus alongside the global view.

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Project Co-Chairs

James MacGregor

Managing Director

Ethical eDiscovery

David Wilkins

eDisclosure Technical Lead

Norton Rose Fullbright

Project Manager

Arif Shoeb

Project manager

Akin

Law Firms

Emily Wylie Ballard

Knowledge & Legal Technology Sr. Manager

RPC

Kevin Bannon

Head of CMS Evidence

CMS

Charissa Bass

Discovery Advisor

Kirkland & Ellis

Dan Cheal

Regional Manager e-Data

DLA Piper

Fiona Campbell

Head of E-Disclosure

Fieldfisher

Reshma Khan

Associate

Addleshaw Goddard

Rachel Stephens

Principal Knowledge Lawyer

Addleshaw Goddard

Mark Chesher

Partner

Addleshaw Goddard

Michelle Delgado

eDisclosure Analyst

Squire Patton Boggs

Andrew Haslam

eDisclosure Project Manager

Squire Patton Boggs

Melina Efstathiou

Head of Litigation Technology

Eversheds Sutherland

Attila Erin

Sr. eDiscovery Specialist

Clyde & Co.

Gus Fitzgibbon

AI and eDiscovery Manager

Linklaters

David Bryant Isbell

Managing Director of Global eDiscovery & Data Advisory

Baker McKenzie

Matt Lan

Senior Manager, APAC

Baker McKenzie

Lucia Quy

Delivery Lead

Webber Wentzel Fusion

Meghan Ryan

Sr. Manager eDiscovery & Legal Technology

Herbert Smith Freehills

Mark Simmons

Litigation Manager

Ashurst LLP

Sonal Patel

Business Analyst

Weil, Gotshal & Manges LLP

Daniel Smith

eDiscovery Consultant

A&O Shearman

Christina Zachariasen

Global Head of eDiscovery Consulting

A&O Shearman

Andrew Weekes

Head of eDiscovery, EMEA & APAC

Hogan Lovells

Dan Wyatt

Partner, RPC

London Solicitors Litigation Association Committee Member

Nicki Woodfall

Sr. eDisclosure

Travers Smith

Service Providers

Mark Agombar

Director

XBundle

Jon Fowler

Managing Director

Secretariat

Maura Grossman

Research Professor

University of Waterloo

Gary Bassett

Senior Consultant

Sky Discovery

Daniel Heinrichs

Associate Director

Sky Discovery

Rachel McAdams

Head of Solutions

Sky Discovery

Ravi Sharma

Consultant

Sky Discovery

Junaid Khan

Legal Tech Advisor

TransPerfect Legal

Reuben Miller

Associate, Consulting & Information Governance

TransPerfect Legal

Stefan Nigam

Director

TransPerfect Legal

Rajuan Pasha

Senior Director

TransPerfect Legal

Joanna Sidor

Technical Project Manager

TransPerfect Legal

Preeti Sharma

Director Consulting & Information

TransPerfect Legal

Inneli Udurawana

Director of Legal Solutionss

TransPerfect Legal

Tom O’Halloran

eDiscovery & Digital Forensics Manager

Johnson Hana

Michael Quartararo

President

ACEDS

Eve Stokoe

Sr. Vice President

AlixPartners

Toni Herrell

Partner

AlixPartners

Tom McKechnie Ward

Sr. Customer Success Manager

Everlaw

Victoria McCloud

Consultant

W Legal

Meagan Sauve

Solutions Consultant

OpenText