Federal Court Approves Parties’ Technology-Assisted Review Protocol

In this Law Technology News article, author Sean Doherty addresses Magistrate Judge Andrew J. Peck’s recent order in Rio Tinto PLC v. Vale S.A, which both approved a TAR discovery protocol and noted that, “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, the court will permit it.” In the order, Magistrate Judge Peck highlighted a remaining issue when it comes to TAR, specifically the amount of cooperation and transparency required regarding the seed or training sets. In his Opinion, Magistrate Judge Peck found that when TAR utilized continuous active learning as opposed to simple passive learning or simple active learning, “the contents of the seed set is much less significant.” This article helps to clarify this statement by providing a description of Continuous Active Learning and Simple Passive Learning and the distinguishing characteristics between the two protocols.

Read the full article here.

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