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Case Study

Communication Frequency Analysis Reveals Production Slights

"Mind The Gap" Should Be Top Of Mind

The contentiousness of litigation often results in electronic discovery being weaponized. Voluminous amounts of data are produced and separating the wheat from the chaff using linear review and keyword searches of opposing counsel’s productions can become costly, exploding budgets and burying review teams in busy work. 

Recently ESI Analyst was leveraged to quickly analyze the metadata of over thirty thousand electronic documents and emails in order to isolate gaps in the opposing party’s productions. Using ESI Analyst’s built in communication volume reports paired with its Actor matching technology, our Partner was able to rapidly generate reports demonstrating not only the gaps in the opposing party’s production, but the volume of data produced for each of the relevant custodians spanning the entirety of the data set broken down by year, month and day.

The power of metadata analytics is often the unsung hero of the electronic discovery process, taking a back seat to keywords and concept clustering.

The power of metadata analytics is often the unsung hero of the electronic discovery process, taking a back seat to keywords and concept clustering. However, when data analytics are at your fingertips at any point of an investigation, it becomes a powerful tool to identify not only what data is there, but what data is missing. 

Sometimes a case may hinge on the absence of data rather than the presence of a smoking gun. Recent case history reflects such opportunities that when gaps are ignored, it opens doors for the opposing side. What are they hiding? Was something missed? Why is there a gap in dates that spans months of the relevant time period? These are all questions that are quickly answered through the data visualization tools and analytics powered by ESI Analyst. 

Oftentimes telling an effective story in Court involves filling in the gaps, or in this case “Minding the Gap”. Without the ability to quickly analyze and break down the data into useful information, gaps in productions may go unnoticed. Fortunately this wasn’t the story for our Partner as they leveraged the powerful built-in analytical tools of ESI Analyst.

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