At a Judge’s Direction in EORHB, Technology-Assisted Review Series Part 6
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 this Part, we review the EORHB case.
The next newsworthy TAR case was EORHB, Inc. v. HOA Holdings LLC (Del. Ch. Oct. 15, 2012), which was “a complex multimillion dollar commercial indemnity dispute” before the Delaware Court of Chancery, the oldest business court and one of the most respected business courts in the country. The case arose out of the 2011 sale of the Hooters restaurant chain.