Insiders' Guide to Technology-Assisted Review (TAR)
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Коллектив авторов. Insiders' Guide to Technology-Assisted Review (TAR)
Preface
Introduction – Evolution of TAR
CHAPTER 1. TAR: A Structural Analysis
1.1 Linear Review
1.2 TAR
1.2.1 Accelerated Review
1.2.2 Predictive Coding
1.2.2.1 MODELS
1.3 Hybrid Systems
1.4 Summary
CHAPTER 2. TAR and The Case Law
2.1 Introduction
2.2 Emerging Case Law
2.2.1 Judicial Recognition of TAR —Moore8
2.2.2 More Cooperation and Transparency
2.2.2.1 KLEEN PRODUCTS, PROGRESSIVE, AND BRIDGESTONE
2.2.3 Burden and Proportionality
2.2.3.1 BIOMET, FOSAMAX, AND INDEPENDENT LIVING CENTER OF SOUTHERN CALIFORNIA
2.2.3.2 JUDICIAL ENCOURAGEMENT OF TAR AS A WAY TO REDUCE BURDEN – CHEVRON AND HARRIS SUBCONTRACTING
2.2.3.2.1 Chevron
2.2.3.2.2 Harris
2.2.4 Hinterberger– Arguing about Cooperation
2.2.5 EORHB—sua sponte TAR (or not)
2.3 Conclusion
CHAPTER 3. The Economics of TAR
3.1 Overview
3.2 Defining Cost Metrics
3.2.1 Interrelationship of Electronic Discovery and TAR Economics
3.2.2 Pricing Models and Budgets
3.2.3 Cost Per Document
3.2.4 Pricing, Business Models and Cost Drivers
3.3 Comparison to Linear Review
3.3.1 First Pass
3.3.2 Second Level/Privilege Review
3.4 Comparison: TAR to TAR
3.5 Pilot Projects
3.6 Alternative Value Considerations
3.6.1 Multiple Languages
3.7 Hidden Costs and False Savings
3.8 Conclusion
Conclusion
APPENDIX
About the Contributors
Index
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Отрывок из книги
For many years, courts and lawmakers have been struggling with the challenges that ever increasing volumes of data pose to the legal process. Exponentially increasing digital information is hardly a phenomenon that took us by surprise. In litigation and internal and regulatory investigations, as well as information management more broadly, it is largely corporate parties who are footing the bills.
Where finding the truth requires making sense of information and when there is so much of it, we need new tools that will help us to rise above the mostly irrelevant oceans of potentially discoverable information. Technology-Assisted Review, a potentially broad term that has been used to reference any use of technology that facilitates document review as part of the discovery process, has more recently been used (especially in its abbreviated form “TAR”) in a narrower sense related to predictive coding and various forms of review-enhancing analytics. In all of its various forms, TAR holds real promise for alleviating the problems associated with performing accurate searches of large volumes of data from a multitude of sources.
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One of the greatest advantages of data processing is that we learn a lot about the data set as it is staged for review. The extracted text and metadata for each document contain troves of information that can be used to help organize these files in a meaningful way. That effort can be as simple as grouping the documents by custodian or by search results, or made more complex by introducing some of the early TAR systems such as clustering or ranking the documents based on underlying content. These solutions are the natural progression of performing legal discovery in the digital age and represent the starting point for modern TAR in application.
TAR solutions, in all of the structural varieties outlined in Chapter 1, as well as during their early developmental states described above, still need to be executed through a workflow that involves trained professionals reviewing a collection of documents. Therefore, it is equally important to consider the review process alongside evolving technology to fully understand the evolutionary path.
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