In today’s “e”-dense world, attorneys often look to leverage technology to facilitate production of electronically stored information (“ESI”) during the discovery process. We do so in an effort to streamline the collection, review and production process whereby containing costs. However, as recent decisions demonstrate, parties often disagree on what methodology to use and which analytic tools are best. Livingston v
Continue Reading The City of Chicago Employs “TAR” to Facilitate Review, But Doing So Is Not Without Issue
Predictive Coding
Technology Assisted Review At a Glance
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, computer assisted review, or supervised…
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What Can A Litigator Do When There are Hundreds of Thousands of Documents to Review in a Short Period of Time, and a Strict Litigation Budget is in Place?
Traditional document review can be one of the most variable and expensive aspects of the discovery process. The good news is that there are innumerable analytic tools available to empower attorneys to work smarter, whereby reducing discovery costs and allowing attorneys to focus sooner on the data most relevant to the litigation. And, while various vendors have “proprietary” tools with…
Continue Reading What Can A Litigator Do When There are Hundreds of Thousands of Documents to Review in a Short Period of Time, and a Strict Litigation Budget is in Place?
Magistrate Judge Peck’s Recent Decision on the Use of Predictive Coding and the Cooperative Obligations Involved
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 tool that should be “seriously…
Continue Reading Magistrate Judge Peck’s Recent Decision on the Use of Predictive Coding and the Cooperative Obligations Involved