Strategic Legal Solutions recently posted a piece summarizing the New York Supreme Court, Commercial Division’s adoption of a new discovery rule encouraging parties in litigation to utilize Technology Assisted Review (TAR) to decrease discovery costs and speed up the discovery process in a legally defensible manner. To illustrate recent client successes that mirror the New York Court’s TAR directives, Strategic offers the following two use cases that describe the discovery challenges our clients faced; the TAR solutions we offered and implemented for our clients; and the favorable outcomes we helped our clients achieve.
Decreasing Review Costs
In the first use case, our client, even after agreeing with the opposing party to limit the number of custodians whose documents were potentially responsive and applying search terms to filter out non-responsive documents prior to review, was facing a review of 4.8 million documents at a cost of nearly $5 million. Strategic proposed a TAR-based solution whereby the TAR project workflow created a “seed set” of 12,000 potentially responsive documents. Our review team then coded the seed documents for responsiveness. The review platform, applying a special text indexing system called Latent Symantec Indexing (LSI), grouped the responsive and non-responsive documents in the seed set based on conceptual similarities, and applied the results to the document population as a whole. After the review team engaged in an initial quality control (QC) review of the system’s TAR review, the system adjusted its responsiveness calls and developed a reliable analytics protocol for reviewing the entire 4.8 million documents. As a result, the TAR analysis culled the responsive set of documents to a population of 800,000 documents, 90-100% likely to be responsive. The client was able to review roughly 4 million fewer documents at a savings of almost $4 million in review costs.
In the second use case, our client was defending a government investigation into its hiring practices. The government imposed over 2,700 search strings onto the client and its potentially responsive document population of 5.7 million documents. Applying these search terms resulted in a staggering universe of 2.5 million potentially responsive documents. The client correctly believed the government’s proposed searches were returning extremely high numbers of false-positive responses but could not challenge the government’s search terms without a defensible basis. Strategic proposed a TAR solution: Conceptual Analytics, specifically, Cluster Visualization. Cluster Visualization is a graphic representation of conceptually similar documents arranged in a bubble diagram with larger bubbles representing conceptual clusters containing many documents and cluster bubbles inside other bubbles representing sub-concepts. In our client’s case, Cluster Visualization revealed anomalies immediately. After reviewing the Cluster Visualization results, the client was able to establish that a single government search was tagging almost 85,000 documents – our client’s lunch and dinner menus – as responsive. Clearly menus were not at issue in the case. Using the results of the TAR application, our client was able to eliminate over 80,000 documents from the review process, at a savings of over $80,000, and successfully challenge many of the government’s search terms.
These case studies are but two examples of how Strategic Legal Solutions works with our clients to apply defensible technology solutions to difficult discovery challenges. State and federal courts in New York and other jurisdictions recognize the sophistication of TAR and its proven efficacy in reducing discovery costs and increasing efficiencies in discovery. Strategic highly recommends the corporations and law firms who are engaging in eDiscovery and/or document review consult with their providers to explore available TAR solutions to decrease discovery costs and maximize efficiencies during discovery.
Interested in discussing our case studies in more detail or learning more about our strategies around technology assisted review? Reach out to us to schedule a meeting.