Attorney Brown’s Research Cited by a National Legal Treatise on eDiscovery & Digital Evidence

The forthcoming eDiscovery & Digital Evidence legal treatise by Jay E. Grenig & William C. Gleisner, III, favorably cites Pennsylvania Attorney Shannon Brown’s 2016 article on eDiscovery: Peeking Inside The Black Box: A Preliminary Survey of Technology Assisted Review (TAR) and Predictive Coding Algorithms for eDiscovery (21 Suffolk J. Trial & App. Advoc. 221 (2016)).

In Section §7.18 of eDiscovery & Digital Evidence, the authors discuss technology-assisted review (TAR) and cite Brown twice. The authors cite:

[Brown’s article] is a lengthy and daunting article containing 350 footnotes, and it is just a “preliminary survey.” Having said that, it is a very good primer on the subject of TAR and predictive coding…. This article will go a long way to acquainting lawyers with the technical aspects of TAR and predictive coding and should also make it clear why expert assistance is a must when dealing with TAR related issues. (emphasis added).

In Section §10:7, regarding computer forensics, the authors cite Brown’s caution that attorneys must become more technically aware:

A number of eDiscovery articles and books address the procedural and case law aspects of eDiscovery. Very few articles, however, address the technical aspects of technology assisted review (TAR) and predictive coding eDiscovery tools. Yet, as will become evident, the ‘technical’ aspects of eDiscovery raise important legal issues and reflect the transformation of the legal profession into one where attorneys will need both technical and legal skills to competently represent clients. Simply stated, attorneys can no longer uncritically rely on outside advisors or blindly accept ‘black box’ results.

The new treatise joins a growing list of citations to Attorney Brown’s research on the technologies used in predictive coding, technology-assisted review, and document analysis.

  • Seth Katsuya Endo, Technological Opacity & Procedural Injustice, 59 B.C. L. Rev. 821, 834 n.64 (2018).
  • Shannon H. Kitzer, Garbage in, Garbage Out: Is Seed Set Disclosure A Necessary Check on Technology-Assisted Review and Should Courts Require Disclosure?, U. Ill. J.L. Tech. & Pol’y, 197, 198 n.5 (Spring 2018).
  • Curtis E.A. Karnow, The Opinion of Machines, 19 Colum. Sci. & Tech. L. Rev. 136, 141, n.18 (2017).

Pennsylvania attorney Shannon Brown served as a Chief Information Officer (CIO), computer executive, and information architect, and has over 25 years of work as a senior technology professional, software developer, cybersecurity professional, and consultant on information technologies. Attorney Brown personally wrote the Prolorem eDiscovery software using predictive coding algorithms and with a novel ability to perform multi-classification classifications (that is, not limited to responsive/non-responsive). Attorney Brown previously taught the eDiscovery Technologies law school course at Widener Commonwealth School of Law as an adjunct professor of law and served as a guest lecturer on eDiscovery technologies at Pace University School of Law.