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More than a year ago, Magistrate Judge Andrew Peck of the U.S. District Court for the Southern District of New York issued the first judicial opinion recognizing technology-assisted review (TAR), also referred to as predictive coding or computer-assisted review, as a legitimate discovery tool. Since that opinion, several other cases have demonstrated that not only do courts welcome (or even demand) the use of TAR, but requesting parties may prefer (or demand) that producing parties use it to identify electronically stored information (ESI) for production.

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