In “Clearing the Fog of War,” we reviewed the uncertainty inherent in new matters and the three overlapping goals of ECA. In this Part, we begin our review of available tools and techniques with an overview and with a discussion of sampling.
As we discussed in the last Part, ECA encompasses three distinct-but-connected goals: traditional ECA, early data assessment (“EDA”), and downstream activity preparation (“Downstream Prep”). Thankfully, practitioners have a wide array of tools and techniques at their disposal to work towards each of these goals during the ECA phase of an eDiscovery project.
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