Kelly Twigger: #CaseoftheWeek Episode 87: Whether a Party Can Utilize TAR after Applying Search Terms

Extract from Kelly Twigger’s article “#CaseoftheWeek Episode 87: Whether a Party Can Utilize TAR after Applying Search Terms”

Kelly Twigger discusses on episode 87 whether the Special Master in a class action case agreed to allow defendants to utilize TAR on a review set culled by search terms where the plaintiffs argued for linear review. The matter we analyze this week is In re Allergan Biocell Textured Breast Implant Prods. Liab. Litig., 2022 WL 16630821 (D.N.J. 2022). The decision is from October 25, 2022 and was presided over by Special Master Joseph A. Dickson.

Keep reading or watch the video to understand the eDiscovery issues.


Good morning and welcome to Episode 87 of our Case of the Week series, published in partnership with ACEDS. My name is Kelly Twigger. I am the CEO and founder of eDiscovery Assistant, as well as the principal at ESI Attorneys. Thank you so much for joining me this morning.

We have a couple of events that are coming up that I wanted to let you know about. I’m incredibly honored to be able to host judges William Matthewman and Xavier Rodriguez on the Judicial Panel, which is part three of a webinar series on Emojis. That series is being brought to you by multiple chapters of ACEDS. That webinar was originally scheduled for this Thursday, November 10. This morning, we needed to reschedule it to November 30th at noon Eastern due to Hurricane Nicole. Fingers crossed that the storm weakens and that there’s very little danger to everyone in Florida.

The second event I wanted to let you know about is I will also be moderating a panel on Topics in eDiscovery at the Georgetown Advanced eDiscovery Institute next Wednesday, November 17th. If you’re going to be there, please plan to stop by and say hello.

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