Judge Andrew J. Peck of the U.S. District Court for the Southern District of New York signed an order March 2 in Rio Tinto PLC v. Vale S.A. approving a discovery protocol for technology-assisted review (TAR).
In his ruling, Peck wrote, “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.” Peck acknowledged in a footnote, however, “where the requesting party has sought to force the producing party to use TAR, the courts have refused.”
