Discovery Advocate

Discovery Advocate

News, Developments and Practical Advice on eDiscovery in the trenches of Litigation

Tag Archives: TAR

Judge Peck’s Latest Decision on Technology Assisted Review (TAR): Our Past Blog Posts Revisited

Posted in Predictive Coding, TAR
Many who consider Magistrate Judge Peck’s recent opinion and order in Rio Tinto PLC v. Vale S.A., which he titled “Predictive Coding a.k.a. Computer Assisted Review a.k.a. Technology Assisted Review (TAR) – Da Silva Moore Revisited,” will focus on his declaration “that it is now black letter law that where the producing party wants to… Continue Reading

From Sedona to Georgetown to New York—What’s Fashionable in eDiscovery This Year?

Posted in E-Discovery Advocacy and Management, E-Discovery Rules, LegalTech, TAR, The Sedona Conference
It’s that time of year, when bench, bar, vendors, and clients think big eDiscovery thoughts. They go to The Sedona Conference (which is not in Sedona), Georgetown Law’s Advanced eDiscovery Institute (which is not at Georgetown Law—but close!), and in a few short months, LegalTech New York (which, bucking the trend, is in New York).… Continue Reading

Bring Your Geek to the Supreme Court Day Cancelled for Lack of Interest

Posted in Predictive Coding, TAR
Magistrate Judge Andrew J. Peck has observed that judicial understanding and resolution of ediscovery disputes can benefit from “bring your geek to court day” — where those knowledgeable about ESI issues in a case participate in court conferences.   As we predicted, the Supreme Court isn’t yet ready for Bring Your Geek to the Supreme Court Day.… Continue Reading

A plea to LegalTech vendors and panelists talking technology-assisted review!

Posted in E-Discovery Advocacy and Management, TAR
LegalTech New York is right around the corner.  And, much like the recent Georgetown Advanced Ediscovery Institute, there will be no shortage of discussion about predictive coding/technology-assisted review (“TAR”).  The agenda includes fourteen program descriptions that directly reference TAR and another eight that clearly suggest TAR will be a major topic.  As a user, student… Continue Reading

Kleen Products Stipulation Resolves Request that Court Mandate Technology Assisted Review (for now)

Posted in Predictive Coding, TAR
As discussed in prior posts, the Da Silva Moore case is not the only story in the saga of predictive coding, or technology-assisted review (TAR). We alerted you that a magistrate judge in the Northern District of Illinois was hearing expert testimony on the effectiveness TAR. The discovery disputes in Kleen Products LLC v. Packaging… Continue Reading

Learning and Teaching About Predictive Coding Are Not Bases for Recusal – More on Da Silva Moore

Posted in Predictive Coding, TAR
Co-Authored by: Judy Selby and Jessica Nutt In prior posts, we’ve commented on the emerging judicial focus on the use of technology-assisted review/predictive coding, as well as the twists and turns of Da Silva Moore, in which Magistrate Judge Peck permitted the use of predictive coding in a groundbreaking decision, only to face demands for… Continue Reading

District Court Upholds Da Silva Moore Predictive Coding Order

Posted in Predictive Coding, TAR
Contributing  Authors: Gil Keteltas and Jessica Nutt Just as we were predicting that the disqualification side show in Da Silva Moore would “not prevent the district court from reaching the merits of the predictive coding dispute,” Judge Andrew Carter’s April 25th order adopted “Judge Peck’s rulings because they were well reasoned and they consider the… Continue Reading

New Horizons in Three Concurrent Cases: Predicting the Future of Predictive Coding

Posted in Predictive Coding, TAR
Co-authored by: Jessica Nutt Add a recent Virginia state court order to the growing list of orders regarding the use of technology assisted review (TAR)/predictive coding to reduce the burdens and costs – and, some would claim, to increase the accuracy — of review of electronically stored information (ESI). In a short order, half handwritten,… Continue Reading