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Extract from article by Philip Favro

In recent weeks, courts have shattered the silence on technology-assisted review (TAR) that has pervaded eDiscovery practice in the U.S. for most of 2016.

Last month, a U.S. Tax Court issued its second opinion in Dynamo Holdings v. Commissioner of Internal Revenue, with Judge Ronald L. Buch approving a production of documents made using TAR. And just this week in Hyles v. New York City, U.S. Magistrate Judge Andrew Peck rejected a requesting party’s demand that a producing party use TAR instead of search terms to complete a production of documents.

Both Dynamo Holdings II and Hyles are instructive on various issues surrounding TAR including: (1) the efficacy of human review and search terms; (2) the limits of cooperation; and (3) the standard a producing party must meet to satisfy discovery production requirements.

 

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