Even companies that truly want to fulfill their e-discovery obligations properly are struggling to figure out exactly how to get the job done. Indeed, in recent months, the topic of e-discovery "search" has taken center stage. Traditional approaches to sifting through large collections of data for relevant or privileged information, such as keyword and Boolean search, are being called into question by some members of the bar, the bench, and the industry at large. Seemingly overnight, the once familiar practice of document review in discovery has emerged as a new expert discipline. Courts rightfully are concluding that search in e-discovery can be a complex, scientific exercise. E-discovery in some cases may even require expertise in fields such as linguistics, statistics, and computer science.
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