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Proportionality, Not Perfection, Is What Matters

Law360, New York (November 2, 2017, 11:34 AM EDT) -- Recently, a handful of jurists and commentators[1] have caused a stir in the e-discovery community by trying to resurrect[2] the argument that litigants should avoid using search terms (aka “keyword searches” or “keyword filtering”) to filter or cull a document population before employing a predictive coding engine for responsiveness determinations. The gist of their argument is that using search terms to reduce a document population necessarily results in relevant documents being excluded from the review population, thereby reducing the overall accuracy of the review effort in...
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