NY Commercial Division Backs Technology-Assisted Review

By Elizabeth Sacksteder and Ross Gotler (July 29, 2018, 9:26 PM EDT) -- It is generally agreed that the most expensive stage of complex commercial litigation today is document review. A 2012 RAND Corp. study found that document review consumes on average 73 percent of the total cost of document production in cases involving electronic discovery, notwithstanding such common economies as the use of vendors to do first-level document review.[1] Achieving greater efficiency in this resource-intensive stage of litigation — making review of electronically stored information cheaper, faster and more accurate — is a shared goal of litigants, their counsel, and the courts. Sophisticated litigants know that the use of technology-assisted review — of which there are many types, ranging from widely used software tools like keyword searching to more sophisticated algorithmic technologies such as predictive coding — can yield substantial cost savings, as well as streamline and accelerate document review and production. But neither the Federal Rules of Civil Procedure nor most state procedure codes, including the New York Civil Practice Law and Rules, or CPLR, expressly address whether, in what circumstances, or how a party may use technology-assisted review to fulfill its disclosure obligations....

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