Questions of Choice in Kleen Products, Technology-Assisted Review Series Part 3
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 this Part, we review the next prominent case to arise: Kleen Products.
The next major TAR case after da Silva Moore was Kleen Products LLC, et al., v. Packaging Corporation of America, et al. (N.D. Ill. Aug. 21, 2012). The Kleen Products case was a consolidated action over alleged anticompetitive behavior in the corrugated cardboard industry. Discovery in the case started at the beginning of 2011, but at the end of the year, several discovery issues remained unresolved, including the search methodology to be used.