Use of TAR in FTC Antitrust Probe to remove 2.6M Documents from Review

Client Challenge

A microchip manufacturer sought Consilio’s assistance with an FTC antitrust probe spanning 25 custodians and five years-worth of data.

Consilio Response

Facing a population under review of over 5.6 million documents, Consilio proposed a TAR 1.0 workflow that garnered FTC approval. This included a categorical analysis prior to TAR modeling, where Consilio identified and removed from review over 400,000 unreviewable or categorically non-responsive documents. Facing a tight discovery timeline, Consilio managed the TAR training process while collections were on-going, causing data to be added for analysis on a regular basis. At the conclusion of the TAR process, the FTC challenged Counsel’s proposed recall level and suggested through a novel statistical analysis that a high (80%) recall level was appropriate in the matter. Consilio, after thorough examination of the FTC’s position and analysis, countered with its own statistical and graphical analysis, supporting the client’s claim that a lower recall level (and smaller overall review volume) offered a better balance of precision and F-score. Using these analyses, the client was able to negotiate a more favorable recall rate.

Results Achieved

At the conclusion of the TAR modeling and training for this phase of the litigation, Consilio was able to leverage Brainspace to remove over 2.6 million documents from production and privilege review.

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Company Profile

Microchip Manufacturer

Services Utilized