Nelson Mullins Encompass


To TAR or Not to TAR: Deciding When to Use TAR

August 25, 2015

With all the recent focus, it is not surprising that parties to litigation are including technology assisted review (TAR) provisions in protocols governing the production of electronically stored information (ESI). Parties are beginning to allow for at least the possibility of using TAR, even if only to supplement a traditional linear review. These protocols vary in detail, and some require the parties to collaborate together to develop the TAR process. As this technology’s reliability improves, litigants and courts may become more comfortable allowing TAR to have a larger role in identifying responsive documents in litigation.

Some thoughts to consider in deciding whether to use TAR in your next litigation include:

  • Type of Litigation
  • Level of Transparency or Collaboration
  • Existing Litigation Readiness
  • Expected Volume of Documents in the ESI Collection
  • Expected Richness Rate

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