Searching for ESI: What Tech to Use, How to Use it, and What Courts are Saying

The "search" for information relevant to claims and defenses is central to civil litigation. That search can require locating and reviewing significant volumes and varieties of electronically stored information. Those volumes and varieties have increased with remote work environments. Various technologies can assist in the search of ESI. These technologies include what is known as Technology Assisted Review ("TAR") and predictive coding. This course will begin with an overview of search technologies and explore how these are intended to work. It will also address how these technologies are used to produce ESI in discovery, whether cooperation between parties in the use of a particular technology should be expected, and how courts have addressed search and production.

Learning Objectives:

1. Identify what TAR and other technologies are and how these can be used to search ESI  

2. Work together with other attorneys to avoid undue delay and delay in searching for and producing ESI

3. Review what courts have done to compel cooperation or to address alleged deficiencies in search and production