Extract from H5’s article “TAR Agreements and Protocols: The Devil’s in the Details”
Technology-Assisted Review (TAR) is not a new concept, but can still lead to grounds for contention between parties. According to Federal Rule 26, parties have an obligation to cooperate and form a discovery plan in good faith. But sometimes—even when opposing parties have agreed to the use of TAR—things can go wrong.
Know (and Agree Upon) the Details of the TAR Approach
In Entrata, Inc. v. Yardi Systems, Inc., 2018 WL 5470454 (D. Utah Oct. 29, 2018) the parties met and conferred on multiple occasions regarding the use of TAR.