Insiders' Guide to Technology-Assisted Review (TAR)
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More About This Title Insiders' Guide to Technology-Assisted Review (TAR)

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Understand TAR mechanics, processes, and technologies, as taught by EY experts

Insider’s Guide to Technology-Assisted Review provides professionals with a thorough understanding of the process that is becoming increasingly important to the legal industry. With detailed discussion of the methods, technologies, and practices involved in TAR, readers without advanced degrees in linguistics or related technologies will gain a solid knowledge base upon which to evaluate both current practices and the new tools and technology continually hitting the market. Written by the world-renown experts at Ernst & Young’s Technology and Discovery Services, this book provides a valuable resource for professionals seeking a more efficient way to handle the discovery and analysis process.

Technology-Assisted Review streamlines the discovery and document review process by essentially “training” a computer to evaluate documents as required. The term “predictive coding” is used in a narrower sense, but both terms have several meanings, and can mean different things to different firms. Insider’s Guide to Technology-Assisted Review cuts through the confusion, differentiating the different types of TAR and explaining the process and mechanics of each. Readers will:

  • Understand the fundamental concepts of technology-assisted review
  • Simplify ediscovery, documentation, and storage of large document sets
  • Learn how TAR tools work, and the resources they require to function
  • Consider the specialized skillset required to fully exploit TAR technology

Technology-Assisted Review is here to stay, as the legal industry evolves to take full advantage of the cutting-edge technology becoming more widely available. As TAR becomes standard practice, it’s important for professionals to understand its possibilities and limitations. Insider’s Guide to Technology-Assisted Review provides clear, comprehensive guidance toward this complex topic.

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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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