Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of August 26-September 1. Here’s...more
Preparing a talk about keyword search, I set out to distill observations gleaned from a host of misbegotten keyword search efforts, many from the vantage point of the court’s neutral expert née Special Master assigned to...more
January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more
The ESI protocol is a negotiated document that expressly states how the parties to a litigation should produce electronically stored information (ESI). The ESI protocol assures against surprises and commands that ESI is...more
Cross-border M&A deals reached an all-time high of $2.1 trillion in 2021. Many of these transactions were subjected to merger clearance proceedings in the US and/or abroad. As a result, an unprecedented number of US second...more
Identifying attorney-client privilege is one of the most costly and time-consuming processes in ediscovery. Since the dawn of the workplace email, responding to discovery requests has had legal teams spending countless hours...more
The creation, storage and importance of data snowballs daily. And this data has a direct impact on the merger control process and the timely completion of large-scale M&A transactions. As more data is created, it has a...more
Many in the eDiscovery industry recently have been struggling with the question: is it appropriate to use search terms to cull a document collection before using Technology Assisted Review to select documents for production?...more
Multidistrict litigation (MDL) has become a major component of the U.S. civil litigation system. MDLs now make up over half of the total civil caseload in the U.S., with product liability cases comprising the vast majority of...more
It is well established that courts will support parties electing to use technology assisted review (TAR) to identify responsive documents in discovery. However, TAR methodologies and quality control (QC) measures are still...more