A panel at the 11th Annual Georgetown Law Advanced eDiscovery Institute in McLean, Va., on Nov. 20, posed the question: “Where is the law taking us with technology-assisted review?” To answer this query the panelists participated in a role play based on recent cases addressing technology-assisted review, The role play illustrated some of the issues parties advocating TAR now face, including the level of TAR process disclosure and the extent judges are willing immerse themselves in technical TAR details.
In recent years one of the hottest topics in e-discovery circles was whether courts would accept parties using analytics technologies, such as machine learning, in discovery. Fast forward to 2015 where panelist Christopher King, of Dentons, observed there have been four decisions this year alone addressing TAR’s acceptability in discovery. Recent judicial decisions establish that “TAR is a well-accepted methodology for discovery,” said King.
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