A Few Final Cases of Note, Technology-Assisted Review Series Part 13
Seven years after it first rose to prominence in eDiscovery, technology-assisted review remains an important, and at times controversial, tool in the eDiscovery practitioner’s toolkit
By Matthew Verga, JD, Xact Data Discovery
In “Still Crazy after All These Years,” we discussed the slow but steady growth in the importance of TAR. In “In the Beginning Was da Silva Moore,” we discussed the first case to address TAR. In “Questions of Choice in Kleen Products,” we discussed an attempt to force the use of TAR, and in “Reported Results in Global Aerospace,” we discussed the first instance of reported TAR results. In “A Negotiated Protocol in In Re: Actos,” we discussed a successfully negotiated TAR protocol. In “At a Judge’s Direction in EORHB,” we discussed a Judge ordering TAR use unprompted. In “Debating Process and Transparency in Biomet,” we discussed questions of process and transparency. In “Changing Horses Midstream in Progressive and Bridgestone,” we discussed trying to switch to a TAR approach after agreeing to a traditional one. In “Seeking Approval and Perfection in Dynamo,” we reviewed the questions of whether to seek prior approval and how good is good enough. In “Bringing it Full Circle in Rio Tinto,” we discussed Judge Peck’s second prominent TAR case, and in “Trying to Compel TAR Use in Hyles,” we discussed his third and final. In “Addressing Process Adequacy and Transparency in Winfield,” we discussed last year’s most prominent decision. In this penultimate Part, we review a few final cases of note.
Before we conclude our survey of technology-assisted review cases, there are a handful of additional cases worth noting that did not warrant full posts of their own. Specifically, there are three more early cases, three more recent cases, and five international cases worth noting.
