Over the decade since TAR first rose to prominence, solutions, acronyms, and new cases have proliferated dramatically. All of this rapid technical and legal evolution has made it challenging for practitioners to get a simple handle on TAR and CAL approaches and what they mean for their matters.

If you’re human, you have biases. There’s no way to change this—the human brain is evolutionarily wired to take shortcuts. In the modern world, these shortcuts cause all of us to have implicit or unconscious biases around race, gender, and other inherent characteristics of our fellow humans.

The metrics-tracking legal department gains actionable insights that it can apply not only to internal operations but also to broader, corporate-wide assessments that impact decision-making.

This white paper reviews what you need to know about self-service eDiscovery, including the problems it’s designed to solve and the benefits it brings to the practice of law.

The preservation and collection of ESI is the foundation of any disclosure exercise. In the Business and Property Courts of England and Wales, the gathering of ESI must be conducted in accordance with the Practice Direction 51U - Disclosure Pilot Scheme.

Production is another discovery activity, like collection and processing, in which technical decisions can have logistical and legal effects. For this reason, it is important for practitioners to understand the fundamentals of production.

Document review is typically the most expensive phase of a discovery project, even with the sophisticated tools and techniques available today. Past studies have attributed more than half of discovery costs to review.

When working remotely, there are circumstances that can compromise a lawyer’s professional obligations, such as a lack of privacy at home, cybersecurity risks, and the difficulty of supervising others remotely.

In 2015, the first explicit reference to social media appeared in the FRCP. Since then, many new cases involving social media evidence have appeared each year, and the vast majority of law firms have handled at least some cases involving such evidence.

The fog of war is apt shorthand for the state of uncertainty that exists early in a new legal matter: What are the facts? What are the risks? What evidence exists, and what does it show? Early case assessment (ECA) is how we start to answer those questions.

The range of potential ESI sources is continually multiplying and diversifying. Processing is how we work with that diverse range of materials without using as many different pieces of software as there are types of sources and how we enable searching and document identification across different source types.

With source types multiplying – including challenging sources like smartphones, social media, and collaboration tools, it is more important than ever for legal practitioners of all types to familiarize themselves with the fundamentals of collection so that they can assist in spotting potential issues and identifying appropriate solutions.

Identification and preservation are the first and most fundamental phases of an electronic discovery effort. The duty of (identification and) preservation is a foundational concept in our legal system that grows out of the common law concept of “spoliation,” which is nearly 300 years old.

In discovery specifically, and in legal practice generally, the role of electronically-stored information (ESI) and new technology has grown exponentially over the past decade, as new sources have proliferated, new tools have become normalized, and new communication channels have supplanted the old.