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Federal Court Firmly Addresses Several Repeat TAR Disputes

Technology assisted review (TAR) continues to revolutionize the way lawyers conduct litigation proceedings, especially as it becomes more economical and accepted as routine practice. TAR refers to advanced predictive coding solutions rooted in artificial intelligence which allows for litigators to streamline document review and improve the responsiveness of disclosures. This technology can quickly analyze massive data sets, yields results superior to manual review, helps weed out irrelevant data, and requires less personnel. While TAR commonly used in eDiscovery, courts are not consistent in how they view this practice, including whether a court can compel or prevent a party from using TAR, which party dictates eDiscovery methodologies, and cost-related disputes. Recently, in the case of Livingston v. City of Chicago, No. 16-cv-10156 (N.D. Ill. Sep 3, 2020), a federal court clarified several gray areas involving TAR usage.

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Too Much Chatter: The Challenges of Collecting and Reviewing Chat Messages

Chat data is a large component of business operations today, especially with the increase in the remote workforce. There are chat apps, videoconferencing and collaboration-based platforms that incorporate chat functions, and internal company messaging systems that allow users to communicate in real time for extended periods. Chat apps also promote collaboration by allowing file-sharing and incorporating global features. All of these things are great and vital to streamline business operations. However, when it comes to collecting chat data during litigation many obstacles come into light. Here are a few key problems that chat data imposes on review teams.

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Improve Information Governance Programs by Using Auto-Classifications Tool on Dark Data

More and more, organizations are beginning to identify their dark data and trying to figure out what to do with it. Dark data could include items like unopened email attachments, raw survey data, website log files, and document drafts saved on personal devices. Employees, customers, and vendors create this data as part of regular business operations and processes, but organizations in the past rarely used it or they may not have even realized that it exists.

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Lawson v. Spirit AeroSystems Makes Significant eDiscovery Ruling on Cost-Shifting and Proportionality

The world revolves around data. Businesses and individuals generate data each day between work and personal communication. While electronic platforms provide convenience, efficiency, and flexibility in document review for litigation, they can also spark eDiscovery disputes. To ensure all relevant data is collected and reviewed during a lawsuit, the parties must determine how custodians communicated and what data was created. The collection process can be overwhelming, costly, and lead to burdensome discovery requests.

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