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Over the past 10 years, government investigations have become increasingly sophisticated in analyzing electronically stored information (ESI). Federal executive departments and agencies have made substantial investments in advanced analytical systems that help investigators and prosecutors filter voluminous amounts of incoming ESI to quickly focus on items of particular interest and relevance to an investigation. These systems, once almost magical in the speed and depth of their analysis, are now commonplace.
Companies and organizations responding to Civil Investigative Demands (CIDs) and other government requests for information must recognize that the information provided will be analyzed using these powerful tools. Significant documents in a voluminous production that previously might have been overlooked will now likely be discovered. Even more importantly, prosecutorial data analysis may reveal documents to the investigators that, in the absence of similar capabilities, a target company may not be aware it was producing.
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