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Extract from article by John Tredennick

Last March, we wrote about U.S. Magistrate-Judge Andrew J. Peck’s decision in Rio Tinto PLC v. Vale SA (S.D. N.Y. March 3, 2015). The decision focused on the types of disputes over process that can arise when parties negotiate a TAR 1.0 protocol. In that post, we noted with approval Judge Peck’s acknowledgment that one common bone of contention in TAR 1.0 negotiations ⎯ transparency around training and the seed set ⎯ becomes less of an issue when the TAR methodology uses continuous active learning.

If the TAR methodology uses ‘continuous active learning’ (CAL) (as opposed to simple passive learning (SPL) or simple active learning (SAL)), the contents of the seed set is much less significant.

After issuing his opinion, and doubtless facing continuing squabbles among the parties, Judge Peck appointed Maura Grossman to serve as a special master to resolve discovery disputes relating to the parties’ use of TAR. Several months later, she issued a “Stipulation and Order re: Revised Validation and Audit Protocols for the Use of Predictive Coding in Discovery,” which is the subject of this blog post.

 

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