Experts debate the ins and outs of technology-assisted review

Attorneys, vendor and a magistrate judge talk TAR at SuperConference 2012, agree that cooperation between parties is of the utmost importance

Judge David Waxse of the United District Court for the District of Kansas discusses technology-assisted review.

A group of experts weighed in with their thoughts on perhaps the hottest topic of all right now in the world of e-discovery, technology-assisted review (TAR), on the first day of InsideCounsel’s 12th annual SuperConference. 

With attorneys across the nation anxiously awaiting the final determinations in both the Da Silva Moore v. Publicis Groupe and Kleen Products v. Packaging Corp. of America cases, it only seemed fitting that a panel discuss the finer points of predictive coding. To this end, health care company Abbott Laboratories’ senior counsel and director of eiscovery and records management Jason Fliegel; Sidley Austin Partner Jeff Sharer; e-discovery solutions provider Daegis’ managing director, document review services Adam Farber; and Kansas District Court Magistrate Judge David Waxse shared their views on the matter.

“What lawyers tend to forget is that we try only a small percentage of cases,” he said, noting that somewhere between two-thirds and three-fourths of cases eventually settle, so TAR may not be worth the cost or effort.

Perhaps the most important talking point in the session was of cooperation between opposing parties. Judge Waxse opined that the best way to keep discovery costs down and expedite the process is to have cooperation between both sides.

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