While an effective mechanism for identifying the low-hanging fruit, it is subject to the same limitations that keyword search carries in normal litigation review with respect to outlier risk.
As a recent analysis summarized:
“Unfortunately, the potential for inadvertent disclosure does not bode that well for parties producing to a federal agency. In most cases, agencies serve not only as the requesting party, but also as the judge, the fact finder, and the initial appellate forum, thereby placing them in a position to make the fact-intensive analysis as to whether an investigated party has taken reasonable steps to prevent disclosure. While one may have the option to raise the issue in federal court, few may choose to air it in a public forum due to the confidential nature of most investigations…”
A recent case highlights how HaystackID Information Discovery (“HaystackID ”) was able to bring technology and fully defensible workflows to identify privileged documents within a response set of more than 2 million documents.