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Sorting Through the Trump Financial Documents: eDiscovery Lawyer Tells How Prosecutors Search For Clues

By Nicholas Gaffney
August 01, 2021

Q: The investigation into President Donald Trump's tax filings is a massive undertaking because of the sheer volume of financial data and documents that must be reviewed. Now that those documents are in prosecutors' hands, what might that review process look like?

Bobby Malhotra, Munger, Tolles & Olson LLP, Los Angeles: The team of prosecutors will be trying to unravel mounds of complex information and data. The first step in the process may entail loading all the collected data and documents into a single, searchable and secure Web-based repository, which will allow access as needed for all counsel, staff and consultants/experts, subject to any specific security and confidentiality requirements. Many such repositories also have coding, outlining and/or fact and legal issue organizing and annotation capabilities, which can be useful in building a trial theme strategy, as well as sharing content — and given the alleged collaboration here between prosecutor at the state and local level, an online repository may be particularly useful in coordinating efforts among attorneys in multiple offices as they sift through the evidence.

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