The majority of eDiscovery work takes place in the context of litigation, but a significant amount of it takes place instead in the context of investigations. Although the available ESI and eDiscovery technologies are the same, the realities of handling investigations can be different in some ways important ways.

Despite years of discussion in the eDiscovery industry about the power and importance of sampling techniques – particularly in the context of technology-assisted review (TAR), many practitioners remain unfamiliar with what they can accomplish with them, and when, outside of TAR, they might do so.

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.

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.