Page 24 - Understandinging Forensic Technology Landscape

Tools and techniques subject of an investigation. Such a finding might be even
more telling if an increase was more pronounced during
Popular text analysis and TAR providers currently in the month before the manager’s termination.
the market include the following:
• Access Data Generally accepted use by courts
• Content Analyst and stakeholders
• Epiq
• Relativity The use of text analytics and technology-assisted review
• Nuix is well-understood by the legal community and the
• Zylab courts. Practitioners should be familiar with generally
accepted approaches and relevant legal requirements
The software to perform either text analytics or TAR for the jurisdictions in which the evidence is being
typically resides on litigation support platforms hosted analyzed. Practitioners should consult with counsel as
by third-party technology providers. Large law firms and to whether advanced or algorithmic approaches will be
other professional service firms may have a version of admissible, particularly if the approach is new, difficult to
these platforms in-house to support multiple cases. explain, or not replicable.

Common uses for TAR

The most common use for these technologies is to Learn more
analyze large document productions involving multiple
data sources (email, general ledger and other financial • The Grossman-Cormack Glossary of Technology-
data streams, correspondence, securities filings, and Assisted Review, Maura R. Grossman, Wachtell,
other structured and unstructured information). These Lipton, Rosen & Katz, and Gordon V. Cormack,
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tools provide the ability to search for keywords in University of Waterloo
specified contexts, such as the following, which may be • Measuring and Validating the Effectiveness of
used in bribery and corruption investigations: Relativity Assisted Review, Dr. David Grossman,
Ph.D., prepared for Relativity
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Find [subject name] within five words • Workflow for Computer-Assisted Review in
of “payment” and within 10 words of Relativity, kCura Corporation
22
[foreign government official] • Predictive Ranking: Technology Assisted Review
Designed for the Real World, Jeremy Pickens,

Another example would be to identify documents wherein Senior Applied Research Scientist, Catalyst
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a subject’s name appears within a specified date range on Repository Systems
certain documents. Such an exercise could be useful in • Technology Assisted Review (TAR) Guidelines,
identifying an increase in invoices to a particular suspect Bolch Judicial Institute, Duke Law 24
vendor that were approved by a manager who is the

20 Technology-Assisted Review (TAR), EDRM, edrm.net/glossary/technology-assisted-review-tar/, accessed November 25, 2019
21 Measuring and Validating the Effectiveness of Relativity Assisted Review, EDRM, edrm.net/papers/measuring-and-validating-the-effectiveness-of-relativity-assisted-review/,
accessed November 25, 2019
22 Workflow for Computer-Assisted Review in Relativity, EDRM, edrm.net/papers/workflow-for-computer-assisted-review-in-relativity/, accessed November 25, 2019
23 Predictive Ranking: Technology Assisted Review Designed for the Real World, EDRM, edrm.net/papers/predictive-ranking-technology-assisted-review-designed-for-the-real-world/,
November 25, 2019
24 Technology Assisted Review (TAR) Guidelines), January 2019, Bolch Judicial Institute, Duke Law, edrm.net/wp-content/uploads/2019/02/TAR-Guidelines-Final.pdf, accessed
November 25, 2019

Understanding the forensic technology landscape | 20