Courts May Clash With Litigants Over Document Review Tech

By Donna Fisher and Matthew Hamilton (February 24, 2020, 4:24 PM EST) -- Technology-assisted review, or TAR — which uses artificial intelligence and machine learning to predict which documents are more likely to be responsive — is a powerful tool that can improve the speed and accuracy of document review while reducing cost. Although TAR was initially viewed with skepticism, by 2015, courts had not only endorsed TAR but some went so far as to declare that it was "now black letter law that where the producing party wants to utilize TAR for document review, courts will permit it."[1]

TAR's growing acceptance, however, presents a quandary — what happens when a party wants to...

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