The MER Experience
The 25th Year of Delivering Premier Electronic Records Management Education

Session 13: Seeing the Trees in the Forest: TAR (Technology Assisted Review) for Lawyers and IG Professionals

There is no dispute that the volume of data being generated every day within companies and by individuals across the world has overwhelmed traditional systems and approaches to preserving, protecting, managing and analyzing this data. In order to uncover the real value hidden within these massive piles of information, data analytics are increasingly being used to both spot patterns of behavior that have occurred in the past and also to predict future events. Businesses and other organizations are increasingly making use of these analytic capabilities to improve their revenue streams or to determine how best to deliver services to their customers and constituents.

For lawyers tasked with defending or prosecuting legal matters, this is the front line of the new digital age. Technology Assisted Review (TAR) is a form of predictive coding data analytics that is now commonly used to find and classify relevant data to the matter at hand. Using TAR, lawyers can reduce enormous amounts of data to the specific data relevant to the case. Further, TAR can help lawyers not only find the right documents, but can also help identify the important facts related to the case. This can help resolve the matter before an actual trial when the claims can either be supported or refuted through the presentation of data during a “meet and confer” or other form of preliminary litigation process.

The implications of TAR and other forms of data analytics are fast emerging. Lawyers, and Information Governance professionals who work together to collect, preserve, secure, produce and eventually dispose of records and information all need to understand and embrace the use of these tools or risk fast becoming extinct in their fields of expertise.

Speaker: Bennett Borden,Esq.

Bennett B. Borden is Chief Data Scientist and Chair of the Information Governance Group at Drinker Biddle & Reath, LLP and is Founder & Chair of the Information Governance Initiative. Bennett is a globally-recognized authority on the legal, technological and policy implications of information. Bennett has focused his career on helping clients use the power of information governance to drive strategic outcomes, reduce e-discovery costs, and improve business operations.As Chief Data Scientist at DBR, Bennett is responsible for the firm’s data analytics strategy. Harnessing the power of data is essential for DBR’s clients for both driving value in their business operations and to tell their side of the story in litigation. Bennett advises DBR and its clients on the development and use of analytics models that enable insight, data storytelling, and economic value generation. Bennett’s groundbreaking research into the use of machine-based learning and unstructured data for organizational insight is now being put to work in data-driven, early warning systems for detecting and preventing corporate fraud and other misconduct at DBR clients. As one of the world’s first lawyer/data scientists, Bennett also builds machine-based learning models to transform and improve legal outcomes in key corporate events including mergers and acquisitions, information governance program development and enforcement, litigation and investigations, and business intelligence.