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Predictive Coding and Keyword Search

By Adam Beschloss and James K. Jones

Litigation, investigation, and regulatory requests require in-house counsel to manage multivariate issues (legal and business) to effectively mitigate risk involving threats to reputation, finance, and even survivability. This must all be done within the confines of expedience and cost.

Well into the era of electronic discovery, few would argue against the value of technology to assist in this regard. Predictive coding, also referred to as “technology assisted review” or TAR, is the latest attempt at taming the electronic data behemoth that presents itself as millions of pages for review (and represents approximately 70% of discovery costs). Clearly, one cannot apply the same methods or technologies that were established when a matter involved boxes of paper to electronic data volumes that are now counted in terabytes. (This article only considers the review of language-based, unstructured data and not structured data, such as financial information or documents such as schematics.)

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