Due to the escalating quantity of data in the discovery process, technology assisted review is seen as a solution for spiraling litigation costs. Technology assisted review of documents uses technology to locate relevant documents quickly and produces savings in the cost of review. Technology assisted review is also known by other names such as predictive coding or computer assisted review. The cost savings in discovery for a successful technology assisted review project relates to the documents that do not have to be reviewed through the use of sampling techniques.
In the year 2010, technology assisted review was rarely used in litigation. Today computer assisted review is considered by many to be an essential technology because of its prioritizing of documents and because it reduces the time that it takes to review the documents.
Predictive coding utilizes a series of algorithms. An algorithm is a formally specified series of computations that, when executed, accomplishes a particular goal. The algorithms used in E Discovery are implemented as computer software.
The escalating quantity of data that may be subject to discovery requests in litigation was mentioned by IBM when it recently reported that: “Every day, we create 2.5 quintillion bytes of data – so much so that 90% of the data in the world today has been created in the last two years alone.”
More and more data is stored today in the cloud for business purposes. From an e-discovery viewpoint, having a centralized location for searching data is helpful but without technology assisted review can be expensive.
Companies now have social media sites because of the increase in user activity on those sites. Below is a graph that shows the increase in activity on social media sites between September of 2011 and June of 2016.
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Adverse parties in litigation now customarily request information posted by companies on social media sites over an extended period of years. Social Media environments are dynamic and constantly changing. This, in turn, increases the cost of responding to requests for production of documents that are served on parties in litigation.
Technology assisted review can result in substantial cost savings to companies and their insurers relative to discovery requests for traditional corporate records (letters, memoranda, email, drawings, photographs, agreements, meeting minutes, financial statements, etc.) as well as discovery requests related to social media.