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Because You Need to Know: Monthly News Round-Up for March 2019

Our monthly legal eDiscovery news round-up features a new disclosure pilot program in England, the potential addition of ephemeral messaging to Facebook, a new EU-Japan data transfer agreement, a study showing a decline in eDiscovery sanctions, and an updated DOJ policy on the use and retention of electronic messaging apps, as well as recent cases and new XDD educational content.

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Aligning Your Lenses to See through the Fog, ECA Fundamentals Series Part 6

Our survey of tools and techniques for early case assessment has revealed a wide range of available options, each with different strengths and intended applications, but achieving effective ECA is not a question of applying as many of these tools and techniques as you can. Rather, it is a question of selecting the right ones to best serve your primary goal – whether that’s Traditional ECA, EDA, or Downstream Prep.

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Advanced Analytic Tools, ECA Fundamentals Series Part 5

After thread and duplicate management tools, the final major tools and techniques available for pursuing the three goals of ECA are advanced analytic tools, powered by semantic indexing and other advanced mathematical analyses, including: concept searching, concept clustering, categorization, TAR 1.0 and 2.0 workflows, and new AI tools.

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Threading, Duplicates & Near-Duplicates, ECA Fundamentals Series Part 4

Any modern document review platform provides case teams with a powerful set of tools for investigating their collected ESI in pursuit of the three goals, like a series of overlapping lenses you can use to bring your quarry into sharp focus. After sampling tools and searching and filtering tools, the next major types of tools available for pursuing the three goals of ECA are tools for handling email threading and for handling duplicates and near-duplicates.

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Searching and Filtering for Fun and Profit, ECA Fundamentals Series Part 3

Any modern document review platform provides case teams with a powerful set of tools for investigating their collected ESI in pursuit of the three goals, like a series of overlapping lenses you can use to bring your quarry into sharp focus. The next major type of tools and techniques available is search and filtering, including keyword and phrase searching, Boolean searching, fuzzy searching, conceptual searching, and more.

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Because You Need to Know: Monthly News Round-Up for February 2019

Our monthly legal eDiscovery news round-up features new technology-assisted review guidance, the fifth annual federal judges survey results, the rise of emoji in litigation, and an effort to test legal AI solutions, as well as recent cases and industry publications and new XDD educational content.

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Sampling a Well-Stocked Toolkit, ECA Fundamentals Series Part 2

Practitioners have a wide array of tools and techniques at their disposal to work towards each of these goals during the ECA phase of an eDiscovery project. The specific bells and whistles of those features vary, but the core functions almost always include: searching tools, email threading tools, duplicate handling tools, conceptual analysis tools, and random sampling tools.

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Clearing the Fog of War, ECA Fundamentals Series Part 1

The fog of war is apt shorthand for the state of uncertainty that exists early in a new legal matter. Whether you are gearing up for litigation, an agency enforcement action, or an investigation, you are faced with potential conflict and liability shrouded in a fog of uncertainty. Early case assessment (ECA), fundamentally, is the process of trying to clear as much of that fog as possible.

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Because You Need to Know: Monthly News Round-Up for January 2019

Our monthly legal eDiscovery news round-up features a new ABA report, source proliferation, biometric access, and GDPR impacts, as well as recent cases and new XDD content.

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Some Final Steps and Key Takeaways, Processing Fundamentals Series Part 5

In addition to the core activities of expansion, extraction, normalization, indexing, and objective culling that we have already discussed, there can be a variety of additional steps required during processing to prepare the materials for subsequent early case assessment, review, and production activities, including: creating custom fields, TIFF images, and load files; and performing some form of quality control validation.

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Objective Culling Options, Processing Fundamentals Series Part 4

Processing also includes several types of objective culling that are used to reduce the amount of material that must be worked with throughout the subsequent phases of a discovery project, saving both time and money. The objective culling options commonly employed during processing are de-NISTing, deduplication, and content filtering.

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Common Exceptions and Special Cases, Processing Fundamentals Series Part 3

Almost every processing effort encounters at least a few exceptions during processing that cannot be handled without some manual intervention (if they can be handled at all). Additionally, certain source types are special cases that routinely require custom work to process. The handling of these exceptions and special cases can affect both project costs and the completeness of your data set.

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