Insiders' Guide to Technology-Assisted Review (TAR)

  • ID: 2755209
  • Book
  • 96 Pages
  • John Wiley and Sons Ltd
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The Professional′s Guide to the Theory and Practice of TAR

This important resource explores the legal, linguistic, and technical issues associated with the use of Technology–Assisted Review (TAR) and offers a summary of the existing case law that has arisen over "predictive coding." Predictive coding refers to different technologies, often based on a variety of assumptions that obfuscate the true nature of the solution. Insiders′ Guide to Technology–Assisted Review (TAR) describes the different structures of document review, in which individual items are labeled according to criteria provided by a set of requests, such as in a discovery document request.

Insiders′ Guide to Technology–Assisted Review (TAR) is filled with the information needed to meet the challenges of searching electronic data that is posed by basic properties of language. It explains Boolean search and "extended" search, the paradigm of "query–document similarity" and "latent variable" models. The authors also outline the choices underlying available predictive coding systems. Fundamentally, TAR technology involves the application of formal processes and customized algorithms over a document collection. The text provides an understanding of how this is done by different systems that enables differentiating among them in order to evaluate their application in different contexts, such as a discovery setting in a particular case. The text also contains critical information on measuring the quality of the review that includes proven methods for testing and validating document review.

Comprehensive and accessible, this book gives professionals a resource for obtaining a thorough understanding of the theory and practice of TAR.

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About EY
EY is a global leader in assurance, tax, transaction, and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients, and for our communities.

EY refers to the global organization, and may refer to one or more of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com. Ernst & Young LLP is a client–serving member of Ernst & Young Global Limited operating in the US.

About Ernst & Young LLP′s Forensic Technology & Discovery Services
EY′s Forensic Technology & Discovery Services (FTDS) practice, part of Fraud Investigation & Dispute Services (FIDS), provides a full range of eDiscovery, data analytics, and cybercrime investigation capabilities on a global basis. Our multidisciplinary teams can deploy advanced technologies and professional services anywhere in the world, responding with speed and precision to complex regulatory, fact–finding, and cybersecurity risks.

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Preface vii

Introduction Evolution of TAR 1

Note 3

CHAPTER 1 TAR: A Structural Analysis 5

The Core Task of eDiscovery 6

1.1 Linear Review 7

1.2 TAR 8

1.3 Hybrid Systems 12

1.4 Summary 13

CHAPTER 2 TAR and The Case Law 15

2.1 Introduction 15

2.2 Emerging Case Law 18

2.3 Conclusion 29

Notes 30

CHAPTER 3 The Economics of TAR 33

3.1 Overview 33

3.2 Defining Cost Metrics 33

3.3 Comparison to Linear Review 37

3.4 Comparison: TAR to TAR 41

3.5 Pilot Projects 41

3.6 Alternative Value Considerations 42

3.7 Hidden Costs and False Savings 43

3.8 Conclusion 44

Notes 44

CONCLUSION 47

APPENDIX 49

ABOUT THE CONTRIBUTORS 75

INDEX 79

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About EY
EY is a global leader in assurance, tax, transaction, and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients, and for our communities.

EY refers to the global organization, and may refer to one or more of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com. Ernst & Young LLP is a client–serving member of Ernst & Young Global Limited operating in the US.

About Ernst & Young LLP′s Forensic Technology & Discovery Services
EY′s Forensic Technology & Discovery Services (FTDS) practice, part of Fraud Investigation & Dispute Services (FIDS), provides a full range of eDiscovery, data analytics, and cybercrime investigation capabilities on a global basis. Our multidisciplinary teams can deploy advanced technologies and professional services anywhere in the world, responding with speed and precision to complex regulatory, fact–finding, and cybersecurity risks.

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