In recent months, three different courts have considered the use of computer-assisted review of documents to select relevant materials for production in connection with litigation. The decisions by two of these courts approving the use of computer-assisted review technology are indicative of an overall trend in both state and federal courts towards greater automation of the discovery process. Given the vast amounts of electronic data currently generated by businesses of all sizes, we expect this trend to continue and the implications of these decisions to be significant. Therefore, knowledge of available computer-assisted review technology and the changing scope and magnitude of discovery of electronically stored information is vital for any organization that may find itself faced with a demand for the production of information from an adversary in a litigation context.
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