The Sedona Conference has published for comment a Draft TAR Case Law Primer, a comprehensive review of court decisions addressing the use of TAR. You will find information on the Da Silva Moore case, in which technology assisted review was first authorized, disputed issues regarding TAR including efforts by requesting parties (and by courts) to compel the use of TAR, cases that address using search terms to cull the document population before applying TAR, cases, and cases involving disclosure of seed/training/validation sets, advance court approval of the use of TAR and international adoption.
The conclusion? TAR is an acceptable search and review methodology with unresolved issues. There is also discussion on using TAR to achieve the goals of Federal Rule 1 (the just, speedy, and inexpensive resolution of legal proceedings) and Rule 26(b)(1) (proportionality).
Sedona is encouraging public comment on the Primer as an initial step in developing guidelines for principles for the use of advanced search and review technologies in legal proceedings.
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Digital Forensics/Information Security/Information Technology