When lawyers negotiate what data is relevant to exchange under the Federal Rules of Civil Procedure, they determine not only the custodians, file locations, and file extensions, but they also define a so-called negotiated Boolean query. The content of such a negotiated Boolean is extremely important for both parties: the claiming party typically wants to get as much data as possible, often resulting in a legal phishing expedition
As part of bringing eDiscovery in-house, one might consider using enterprise search tools, open source search tools, portal search, or embedded (free) search components to execute the negotiated Booleans, find relevant documents, and copy them to a preservation location (often a dedicated file server)
Automatic and recurring collection of data, not only by location, file name, extension, and MIME type, but also by using full-text search to collect only relevant documents that match the negotiated Boolean. Exact de-duplication: NIST, in-house NIST, against other custodians, within custodian, and in production
In one of my previous blogs, I discussed what to expect in so-called FRCP negotiated Boolean queries . The examples were based on the Lehman case
Flexible proximity search and support for complex nested Boolean operators: (negotiated) Boolean queries are often large and complex to include both inclusive and exclusive keywords that can be combined with AND, OR and NOT
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