Magistrate Judge Peck, a widely recognized expert on e-discovery, published an opinion today approving a stipulated protocol for technology-assisted review of documents (or “TAR”). The opinion is notable because it contains a clear statement supporting a party’s right to choose TAR: “the case law has developed to the point that it is now black letter law that where the producing party wants to utilize TAR for document review, courts will permit it.” The opinion is also notable because it discusses one open issue in the TAR case law — the extent to which the parties must share information about their “seed” sets of documents — and because it attaches the parties’ protocol as guidance for practitioners. The key discussion is here:
Continue Reading Judge Peck Publishes, For Guidance to Practitioners, Parties’ Protocol for Technology-Assisted Document Review