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ESI Technologies

BY Michael Conner
October 02, 2014

In the world of e-discovery, we frequently become caught up in “latest and greatest” cutting edge technologies, often forgoing the previous. It wasn't that long ago when early case assessment (ECA) tools were all the rage. Practitioners were discussing how removing large swaths of data from a document data universe could provide enormous cost savings, as well as provide greater insight leading to more transparent project scoping and budgeting. As many of us were settling on technology platforms and forming case strategies and protocols utilizing ECA software, predictive coding (PC) and technology assisted review (TAR) software entered the market. The latter almost too quickly seemed to replace the former. The fact is, both technologies used on their own can provide great benefit, however, they should not be considered mutually exclusive. The advantages of creating an ESI strategy that includes the use of each, ECA and PC or TAR has numerous benefits that should not be overlooked.

In With the New

Recent years have brought significant advances in legal search and review technologies, offering practitioners a new and enhanced set of tools to assist in their efforts to combat the continuous growth in data volumes and the effort and cost associated with responding to discovery, all while satisfying their clients' obligations in a defensible manner. The most important of these advances includes a category of technologies and processes, commonly known as technology assisted review (TAR), computer assisted review, automated review or predictive coding. For simplicity, this group of technologies is collectively referred to as “TAR-based technologies” throughout this article. Due to their ability to organize and dispose of large volumes of documents with limited human interaction, many practitioners view TAR-based technologies as the tool of choice for significantly reducing the overall effort and cost associated with analyzing and organizing large sets of documents.

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