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Extract from article by Doug Austin

One of the major topics discussed during last month’s panel discussion at The Masters Conference and also last week during our ACEDS webinar was the debate over the current state of judiciary acceptance of technology assisted review (TAR).  Whether intentional or not, to help with that debate The Sedona Conference® has just published the Public Comment Version of a new TAR Case Law Primer.

This was a project of The Sedona Conference Working Group on Electronic Document Retention and Production (WG1).  As noted in the Preface of the Primer, it is “the product of more than a year of development and dialogue within WG1. It was originally conceived as a chapter of a larger Commentary on the use of TAR in civil litigation, but the rapid development of the case law, the volume of court decisions, and the importance of those decisions in shaping legal practice in real time required that an exposition of the case law be made available on a faster timetable than WG1’s usual dialogue and consensus-building process allowed. For that reason, the Primer strives to present the case law in as neutral a fashion as possible. It avoids making any recommendations regarding particular TAR methodologies, nor does it propose any principles, guidelines, or best practices for TAR application, independent of those suggested by the courts themselves.”

You can download the Primer here.  The Sedona Conference encourages Working Group Series members and others to spread the word and share this link so they can get comments in before the public comment period closes on October 15, 2016. Questions and comments regarding the Primer may be sent to comments@sedonaconference.org.

 

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