Rule 1 of the Federal Rules of Civil Procedure calls upon courts and litigants to “secure the just, speedy, and inexpensive determination of every action and proceeding.” And so, it comes as no surprise that technology assisted review (“TAR”) is being widely embraced by the legal profession.

What is TAR?

TAR (also called predictive coding,

When tasked with a document review project, there are various analytic tools available to streamline the process in order to improve efficiency and accuracy.  We’ve already discussed certain of these tools (see April 26 post discussing predictive coding and May 16 post discussing email threading).  Today’s post focuses on another, interrelated tool: document clustering.

What

The April 26 blog post discussed predictive coding as one of many analytical tools available to empower attorneys to work smarter, thereby reducing discovery costs and allowing attorneys to focus sooner on the data most relevant to the litigation. Another tool in the litigator’s arsenal that can promote efficiency during document review is email threading.

When one preserves and collects electronic data for a litigation, one typically casts a broad net.  This, in turn, can result in the preservation and collection of a significant volume of documents that are not relevant to the dispute at hand.  In an effort to identify the most likely relevant documents from the cache that

Last year we wrote about the Lola v. Skadden Arp case wherein contract attorney, David Lola, brought suit under the Fair Labor Standards Act (“FLSA”) for overtime pay.  (See When Do Contract Attorneys “Practice Law”? and What Exactly is The Practice of Law). In or around December 16, 2015, the Lola case was settled

A little more than three years ago, federal Magistrate Judge Andrew J. Peck (SDNY), issued a seminal decision in Da Silva Moore v. Publicis Groupe & MSL Group, 11 Civ. 1279 (February 24, 2012).  Indeed, in that ruling, Judge Peck sent a message that predictive coding and computer assisted review is an appropriate

In a case that helps clarify what discovery-specific activities constitute the practice of law, District Court Judge Richard Sullivan – a judge in the Southern District of New York – ruled that contract attorneys performing document review for a law firm are not entitled to overtime pay because they are engaged in legal work.

Specifically,