Thank you for sharing!

Your article was successfully shared with the contacts you provided.

‘Responding parties are best situated to evaluate the procedures, methodologies, and technologies appropriate for preserving and producing their own electronically stored information.”1 This Sedona Conference principle increasingly has been cast aside by those urging greater levels of transparency when employing technology-assisted review (alternatively referred to herein as predictive coding or TAR).2 Some producing parties—likely in deference to this growing trend and to avoid a subsequent “gotcha”-style contention that the TAR training exercise was deficient—have even invited opposing counsel into their virtual document review room, where privileged and irrelevant documents abound. But is this “open kimono” concession truly necessary? Or can parties capably discharge their legal and ethical obligations through disclosures of a somewhat less revealing nature? While empirical support is lacking, the surprisingly small number of published decisions and orders addressing predictive coding implies that there may be a silent majority of practitioners employing some variant of TAR alongside other analytical tools without divulging every detail of their culling and review strategy.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.