A recent U.S. Department of Justice memorandum questioned the effectiveness of using technology-assisted review with non-English documents. The fact is that, done properly, such reviews can be just as effective for non-English as it is for English documents. This is true even for the so-called “CJK languages” — Asian languages including Chinese, Japanese and Korean. Although these languages do not use standard English-language delimiters such as spaces and punctuation, they are nonetheless candidates for the successful use of technology-assisted review.

The DOJ memorandum, published on March 26, addresses the use of technology-assisted review (TAR) by the antitrust division. The author, Tracy Greer, senior litigation counsel for electronic discovery, acknowledges that TAR “offers the promise of reducing the costs” for parties responding to a DOJ second request in a proposed merger or acquisition.

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