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In the early days, many questioned whether technology assisted review (TAR) would work for non-English documents. There were a number of reasons for this but one fear was that TAR only “understood” the English language. Ironically, that was true in a way for the early days of e-discovery. At the time, most litigation support systems were built for ASCII text. The indexing and search software didn’t understand Asian character combinations and thus couldn’t recognize which…
That’s the topic of our recent TAR Talk podcast.* We talked about the recent decision by the U.S. District Court for the District of Columbia In Re Domestic Airline Travel Antitrust Litigation, 2018 WL 4441507 (D.D.C. Sept. 13, 2018), an antitrust class action lawsuit against the four largest commercial airlines in the United States—American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines. The declarations around this decision prompted much discussion in the e-discovery…
Lawyers search for documents for many different reasons. TAR 1.0 systems were primarily used to reduce review costs in outbound productions. As most know, modern TAR 2.0 protocols, which are based on continuous active learning (CAL) can support a wide range of review needs. In our last post, for example, we talked about how TAR 2.0 systems can be used effectively to support investigations. That isn’t the end of the discussion. There are a lot…
Across the legal landscape, lawyers search for documents for many different reasons. TAR 1.0 systems were primarily used to classify large numbers of documents when lawyers were reviewing documents for production. But how can you use TAR for even more document review tasks? Modern TAR technologies (TAR 2.0 based on the continuous active learning—or CAL—protocol) include the ability to deal with low richness, rolling and small collections, and flexible inputs in addition to vast improvements…
In the aftermath of studies showing that continuous active learning (CAL) is more effective than the first-generation technology assisted review (TAR 1.0) protocols, it seems like every e-discovery vendor is jumping on the bandwagon. At the least it feels like every e-discovery vendor claims to use CAL or somehow incorporate it into its TAR protocols. Despite these claims, there remains a wide chasm between the TAR protocols available on the market today. As a TAR…
Finds 94% of the Relevant Documents Despite Review Criteria Changes Our client, a major oil and gas company, was hit with a federal investigation into alleged price fixing. The claim was that several of the drilling companies had conspired through various pricing signals to keep interest owner fees from rising with the market.1 The regulators believed they would find the evidence in the documents. The request to produce was broad, even for this three-letter agency.…
This article was originally published in Corporate Compliance Insights on August 6, 2018 Using Advanced Analytics and Continuous Active Learning to “Prove a Negative” This is the second article in a two-part series that focuses on document review techniques for managing compliance in internal and regulatory investigations. Part 1 provided several steps for implementing an effective document review directed at achieving the objectives of a compliance investigation. This installment outlines an approach that can be…
This article was originally published in Corporate Compliance Insights on July 17, 2018 Internal/Regulatory Investigations Versus Litigation Too many corporations approach litigation and compliance investigations the same way, using the same technology, approach and people. But your approach to managing electronic information in internal and regulatory compliance investigations should differ from the one for litigation. Most of the discussion surrounding compliance investigations focuses on best practices for planning and conducting personnel interviews. This article addresses…
“Objection, foundation.” To any seasoned trial attorney, the foundation objection shouldn’t trip up anyone. Akin to blocking and tackling in football, laying foundation for admission of evidence is almost taken for granted. But ask that same trial lawyer (only after a few adult beverages) if he or she has ever been tripped up on a foundation objection, many, if not most, will say they have. Heck, it happened to me on a couple of occasions…
A Case Study on Using Catalyst’s Insight Predict to Find Relevant Documents Without SME Training A Big Four accounting firm with offices in Tokyo recently asked Catalyst to demonstrate the effectiveness of Insight Predict, technology assisted review (TAR) based on continuous active learning (CAL), on a Japanese language investigation. They gave us a test population of about 5,000 documents which had already been tagged for relevance. In fact, they only found 55 relevant documents during…