Extract from Thomas Gricks’ article “What to Expect from Technology-Assisted Review in 2019”
This article first appeared in Law360 on January 3, 2019.
2018 will be remembered as a transition year for technology-assisted review. The battle over whether we can use TAR has all but disappeared, and our attention has turned to how we will use TAR — an inquiry with two clear dimensions. In litigation, the question is whether, and to what extent, we will put TAR under a microscope and force the discussion of parameters surrounding the implementation of the technology-assisted review process. Outside of litigation, the focus has shifted to identifying alternative techniques and other applications for TAR technology within the legal space.
Calendar year 2019 will likely see a continuation of this trend, with refinement and expansion across the board. As document collections continue to grow in litigation, and technology-assisted review becomes increasingly prevalent, we will see the boundaries of the TAR process begin to be explicitly tested and delineated. And, given the effectiveness of technology-assisted review in efficiently locating documents, the use of TAR techniques will undoubtedly see growing adoption outside the arena of production in litigation.