Date: Thursday, March 16, 2023
Time: 3:30 to 5:00 p.m. EST
The use of Technology Assisted Review (TAR) to search for electronically stored information (ESI) has become common practice in litigation. Courts routinely cite TAR’s benefits and encourage its use. But with more frequent use of TAR and greater familiarity with TAR workflows, courts are now grappling with increasingly more complex TAR disputes than they dealt with when The Sedona Conference published the first edition of the TAR Case Law Primer in January 2017.
Case law has developed in the intervening years to address issues such as TAR methodologies, metrics, and validation. The Tar Case Law Primer, Second Edition updates and replaces the First Edition, providing a comprehensive look at the cases that have substantively addressed TAR through December 31, 2022. It discusses how the technological shift from TAR 1.0 systems to TAR 2.0 (continuous active learning) has impacted the case law, spotlights key trends and issues relating to TAR, and summarizes the current state of the law and the open questions that remain. As with the First Edition, the Primer does not recommend best practices or otherwise comment on the utility of TAR. It is intended to assist courts and practitioners in staying abreast of this evolving area of law and technology.
The Primer is available here for free download: thesedonaconference.org/publication/TAR_Case_Law_Primer.
Members of the Primer's drafting team will present key takeaways and solicit feedback and questions in a webinar on March 16, at 3:30 p.m. EDT.
Working Group 1 also invites written comments through March 27, 2023, to [email protected].