Technology-Assisted Review

News & Analysis as of

Gartner Predicts the Future of Big Data’s Impact on Legal

In February, the White House appointed DJ Patil as the first “chief data scientist” in U.S. history in order to address the challenges of Big Data, who will be tasked with trying to use that data to create efficiencies,...more

LegalTech New York 2015 Impressions

Legal Tech New York 2015 took place in early February and the Morris James eDiscovery team was lucky enough to attend for the third straight year. The general impression is that the eDiscovery focus has continued to shift...more

Popular Reads on JD Supra: Bitcoin, Drones, Cloud Computing, Infosec, Cuba, and More

ICYMI: a quick recap of some of the most well-read posts on JD Supra during March, 2015....more

Judge Peck Again Endorses TAR and Predictive Coding Protocols (New York)

Rio Tinto PLC v. Vale S.A., 2015 WL 872294 (S.D.N.Y. Mar. 2, 2015). In this fraud case, the parties stipulated that they would use predictive coding during the discovery process. Judge Peck issued this opinion due to...more

The Peck(ing) Order for Predictive Coding Stays the Same

In his March 2, 2015 order issued in Rio Tinto PLC v. Vale S.A., et al., No. 14-Civ-3042 (S.D.N.Y.), Magistrate Judge Andrew Peck brought the world of predictive coding back to the future. ...more

SDNY Recognizes Party Using TAR Not Required to Disclose Control Sets to Opposing Party

Magistrate Judge Andrew J. Peck’s recent decision in Rio Tinto PLC v. Vale S.A., S.D.N.Y., No. 14 Civ. 3042 (RMB)(AJP) (March 2, 2015), recognizes disclosure of non-responsive documents is not a per se requirement in cases...more

Don’t TAR and Feather Technology in E-Discovery

In the three years since the watershed decision in Da Silva Moore v. Publicis Groupe, technology-assisted review (TAR) has transformed from being a merely “acceptable way to search for relevant” ESI into “black letter law...more

Technology-Assisted Review: Please Show Me Your Seed Set

It has been three years since Magistrate Judge Andrew Peck issued his February 2012 decision in Da Silva Moore v. Publicis Groupe & MSL Group, 287 F.R.D. 182 (S.D.N.Y. 2012), judicially accepting for the first time the use of...more

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

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...more

Trust But Verify — What E-discovery should be

If you ask an opposing party about the details of their document collection; the custodians interviewed; the keywords searched; or the culling approaches used; you are likely to get one response, a quickly erected brick wall....more

LegalTech 2015 — Not so much collaboration, cooperation or transparency

I attended LegalTech 2015 this year in New York. It was a great seminar and another well done project by ALM. One wrinkle, though....more

Court’s Case Management Order Includes TAR, Provides Picky Production Requirements (Arkansas)

Green v. Am. Modern Home Ins. Co., 2014 WL 6668422 (W.D. Ark. Nov. 24, 2014). In this class action insurance case, the court granted the parties’ joint motion establishing a protocol for the production of ESI. First,...more

2014 E-Discovery Year in Review - "Courts continued in 2014 to endorse the use of technology to improve the efficiency and...

2014 demonstrated that management and discovery of electronic information continues to be a challenging issue in litigation. A review of 2014 court decisions also underscores the importance of litigation hold notices,...more

E-Discovery Year in Review, Part 2

In our last blog, we explored how popular song lyrics reflected some of the salient themes in e-discovery during 2014. In this blog, we’ll conclude our assessment with the most popular songs—and some of the most important...more

E-Discovery Year in Review, Part 1

As Oscar Wilde suggested, life often imitates art. Indeed, this year, e-discovery imitated art: lyrics from a surprising number of the top 14 songs of 2014 (according to iTunes downloads) eerily match some of this year’s most...more

Predictive Coding Slowly Becoming a Game Changer

Two Years After Da Silva Moore - In 2012, Magistrate Judge Andrew Peck of the Southern District of New York approved the use of predictive coding (also called “technology assisted review” or “TAR”) in Da Silva Moore v....more

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

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...more

Defensible Technology-Assisted Review in Six Key Steps

How does one build effective and defensible processes around Technology-Assisted Review (TAR)? What attributes contribute to an effective and defensible TAR process? Although each matter requires its own customized...more

A Case Study: Technology-Assisted Review Versus Search Terms

In a recent multibillion-dollar fraud case, a global financial services company had three months to identify, collect, process, review, and produce responsive documents from a collection of 30 million documents. Given the...more

Court Denies Exclusive Use of TAR Privilege Review, Leaves Option on Table for Later Use (West Virginia)

Good v. American Water Works, 2014 WL 5486827 (S.D. W. Vir. Oct. 29, 2014). In this class action litigation involving the Freedom Industries chemical spill, the parties met, conferred, and agreed on all but one...more

How Well Do You Know Your Ethical Responsibilities Surrounding the Use of Technology-Assisted Review?

Lawyers who fail to comprehend the ethical challenges surrounding the use of technology-assisted review (TAR) may unknowingly damage their clients’ cases and risk sanctions for the spoliation of evidence. Therefore, it is...more

Technology-Assisted Review Is Not an “Unproven Technology”

During discovery in Dynamo Holdings Limited Partnership, Petitioner v. Commissioner of Internal Revenue, the IRS filed a motion to compel two taxpayers to produce two backup storage tapes, copies of the tapes, or their...more

Keywords Vs. Technology-Assisted Review: Are They Mutually Exclusive?

Recently in Bridgestone Americas, Inc. v. International Business Machines Corp., U.S. Magistrate Judge Joe Brown of the Middle District of Tennessee addressed the plaintiff’s request to use technology-assisted review (TAR) on...more

A More Progressive Case for the Use of Technology-Assisted Review

As we mentioned in a recent blog post, a federal magistrate judge in the District of Nevada recently refused to allow a party to use technology-assisted review (TAR) on top of its use of search terms to screen documents...more

How Not to Thwart the Progress of Technology-Assisted Review

Recent case law has shown strong support for the use of technology-assisted review (TAR): its accuracy and efficiency have been praised by judges and parties alike. However, despite her approval of the process as a “far more...more

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