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e-Discovery Compliance: Using Technology for Keyword Transparency and Defensibility

As a consultant and solutions provider, I see the issues arising from keyword search use becoming more of an issue for lawyers and legal professionals each day. With the recent decision in Victor Stanley v. Creative Pipe, 2008 WL 2221841 (D. Md. May 29, 2008), corporations and law firms need to be concerned about ensuring that proper searching is done on electronically stored information (“ESI”) more than ever before. (For more details on the Victor Stanley decision, see, “The Future of Search in e-Discovery: What IT Needs to Know About the State of the Law,” in the Sept. 2008 issue of LJN's Legal Tech Newsletter, available at www.ljnonline.com/issues/ljn_legaltech/26_6/news/150932-1.html.) However, most e-discovery software today, designed for processing and/or review, was designed more for enterprise search rather than for the specific use as an electronic discovery search tool.

The Evolution of Keyword Searching

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